JUDGMENT :

H.P. SANDESH, J.

This matter is listed for admission and earlier this Court had heard the matter in part. The learned counsel for the appellant in the previous occasion had sought time to place on record the judgments. The learned counsel in support of his contention relied upon the earlier judgment passed in O.S.No.50/2005, the order passed in R.A.No.418/2008 and also the order passed by this Court in R.S.A.No.2482/2011.

2. This second appeal is filed against the concurrent finding.

3. The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of declaration, it is contented that earlier liberty was given by the High Court to file a suit for declaration of title and possession. It is contended that the suit schedule property originally belongs to the defendants father Eregowda. The grandfather of the plaintiff Siddegowda had purchased the suit schedule property by way of sale deed dated 29.03.1949 and he was in possession from the said date. The grandfather of the plaintiff was having three sons by name Siddegowda, Puttegowda and father of the plaintiff Maridyavegowda. The grandfather of the plaintiff died before 40 years. After the deat