M. G. S. KAMAL
Subbaraya – Appellant
Versus
Gurappa Shetty – Respondent
JUDGMENT :
1. The present regular second appeal is filed by the defendant aggrieved by the concurrent findings and conclusions rendered in the judgment and decree dtd. 18/10/2001 passed in O.S.No.258/2002 on the file of the Civil Judge and J.M.F.C, Periyapatna (hereinafter referred to as 'the Trial Court') and the judgment and decree dtd. 14/12/2011 passed in R.A.No.53/2010 on the file of the Additional Senior Civil Judge, Hunsur, sitting at Periyapatna (hereinafter referred to as 'the First Appellate Court').
2. The parties are referred to as per their original rankings before the trial court.
3. The plaintiff filed the above suit for relief of declaration and permanent injunction in respect of the suit schedule property being land in Sy.No.35/06 measuring 1 acre 35 guntas situated at Thammadahalli village, Bettadapura Hobli, Periyapatna Taluk, on the premise that he had purchased the same under a registered Deed of Sale dtd. 16/10/1974 executed by Sri.Ramaiah, S/o.Krishnaiah for himself and his minor sons, viz., Krishna and Ramachandra and also his sister Smt.Ramamma, daughter of Krishnaiah. That the defendant was also one of the witnesses to the said Deed of Sale. That defendants
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