JUDGMENT :

Present second appeal is filed by the plaintiff against the defendant.

2. The appeal came to be admitted on the following substantial question of law.

"In the light of the finding in the negative over issue No.4 by the trial Court, whether the lower appellate court was justified in reversing the finding, as recorded in para 21 of the judgment and decree of the lower appellate court, so as to dismiss the suit?"

3. Parties are referred to as plaintiff and defendant for the sake of convenience as per their original ranking in the trial Court.

4. Heard Sri T.M. Nadaf and Sri Sadiq N. Goodwala, learned counsels for the appellant and Sri Suraj M. Katagi, learned counsel for the respondent.

5. Brief facts of the case are as under:

A suit came to be filed by the plaintiff in O.S.No.52/2001 before the Civil Judge (Jr.Dn.), Kalghatagi for the relief of declaration and permanent injunction against the defendant declaring that plaintiff is the absolute owner of the following properties.