JUDGMENT

1. This Regular Second Appeal is filed by the defendants under Sec. 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree passed by Civil Judge, (Jr.Dn.), Tumkur in O.S.No.781/1993 and confirmed by the Presiding Officer, Fast Track Court-III, Tumkur in R.A.No.7/2007.

2. For the sake of convenience, the parties herein are referred with original ranks occupied by them before the trial Court.

3. The brief factual matrix leading to the case are as under: The plaintiff has filed the suit seeking declaration that he is the owner of the suit schedule property and FOR permanent injunction against defendants. According to the plaintiff, the suit schedule property is 1 acre 3 guntas out of 3 acres 6 guntas situated in Sy.No.5/1A in Kesaramadu Village with specific boundaries referred in the schedule. That the plaintiff is in possession and enjoyment of the suit schedule property and it is the property of his family. That suit property was originally in possession of the family of the plaintiff and after the death of his father, he is in possession. It is asserted that the suit property was earlier was part of Sy.No.5 and it was totally measuring 4 acres and 7 g