IMPORTANT POINT
While sitting in second appeal High Court should not interfere with concurrent findings of facts recorded by Courts below.

K.N. Keshavanarayana, J.—This appeal by the defendants in O.S. No.211 of 2004 on the file of the Civil Judge (Junior Division) at Nanjangud is directed against the concurrent judgment of the Courts below decreeing the suit filed by the respondent/plaintiff for declaration of her title and for permanent injunction. The subject-matter of the suit is the land measuring 1 acre 3 Guntas in Sy. No. 171/1 situated at Mullur Village in Nanjangud Taluk.

2. There is no dispute regarding inter se relationship between the parties. The respondent/plaintiff is the sister of appellant/defendants they being the children of one late Lingappa and Smt. Devamma. The respondent/plaintiff is the spinster. She filed suit for declaration of her title in respect of the suit schedule property inter alia contending that the suit schedule property was a separate and absolute property of her mother Smt. Devamma, she having acquired the same under a registered sale deed from its previous owner and subsequently by a registered gift deed dated 27-12-2003, her mother gifted the suit schedule property to her and ever since the said date, she has been in lawful possession and enjoyment of the same as its absolute owner and the defendants though have no manner of right, title or interest over the same, are trying to interfere with her possession and enjoyment, and they are also asserting title over the same, as such, it became necessary for her to seek declaration of title and also for permanent injunction to restrain them from interfering with her peaceful possession and enjoyment of the suit schedule property. .

3. The appellants/defendants resisted the suit inter alia contending that the suit schedule property is not the exclusive and separate property of their mother Smt. Devamma, on the other hand, it was acquired by their father, as such, their mother had not right to execute the gift deed in favour of the plaintiff. Therefore, the plaintiff has not derived any title to the suit schedule property. Therefore, the defendants sought for dismissal of the suit.

4. On the basis of the pleadings of the parties, the Trial Court framed several issues. After the parties led evidence, the Trial Court on assessment of the oral and documentary evidence, held that the plaintiff has proved that the suit schedule property was the absolute property of her mother Smt. Devamma and that Smt. Devamma executed gift deed dated 27-12-2003 marked as Ex. P.36 in favour of the plaintiff, and by virtue of the said gift deed, the plaintiff became the absolute owner of the property and that she has been in lawful possession of the same. The Trial Court further held that the plaintiff has proved the interference by the defendants with her lawful possession and enjoyment of the same. In that view of the matter, the Trial Court decreed the suit.

5. On appeal by the appellants/defendants, the lower Appellate Court concurred with the judgment of the Trial Court and consequently dismissed the appeal. It is against these concurrent judgment of the Courts below, the appellants/defendants are before this Court.

6. I have heard the learned Counsel appearing for the appellants and perused the judgments under appeal. Having heard the learned Counsel for the appellants and having perused the records of the Courts below, I am of the considered opinion that the appeal does not involve any question of law much less substantial question of law.

7. The evidence placed by the parties on record clearly establishes that the land bearing Sy. No. 171/1 measuring 2 acres 17 guntas was purchased jointly by Smt. Devamma and her husband Lingappa under a registered sale deed dated 13-8-1942, the certified copy of which has been marked as Ex. P.38. It appears 11 guntas out of 2 acres 17 guntas was acquired for formation of Nugu Canal, as such only 2 acre 6 guntas remained in the said land. It is the specific case of the plaintiff that there was an oral partition between the father and mother, therefore, t