JUDGMENT :

J.M.KHAZI, J.

In this Regular Second Appeal, the legal representatives of defendant No.1 have challenged judgment and decree passed by the First Appellate Court, reversing the judgment and decree of the trial Court, which dismissed the suit filed by the plaintiff.

2. For the sake of convenience, parties are referred to by their ranks before the trial Court.

3. Plaintiff filed the suit in question seeking declaration of ownership over the suit property and for consequential relief of permanent injunction in respect of Sy.No.15/3 measuring 2 acres 9 guntas. However, subsequently, he got the plaint amended restricting his prayer to Southern half to an extent of 1 acre 4 guntas, by conceding the fact that the northern half of the said survey number was given by his father to the Panchayat for formation of sites. Plaintiff is tracing out his title to the suit property through his father Shantappa. He claimed that since the said survey number was very near to the village and consist of stony land, it is not cultivable. Therefore, plaintiff is grazing his cattle and also storing the agricultural equipments and there is a cattle shed in the said property. He has fenced the same with