The present appeal by the plaintiff on concurrent

findings, assailing the judgment and decree dated

08.08.2014 in R.A. No.71/2013 on the file of the

Additional Senior Civil Judge, Raichur, (Itinerary Court

at Devadurga) confirming the judgment and decree

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dated 17.09.2013 in O.S. No.10/2010 on the file of the

Civil Judge and JMFC, Devadurga.

The parties herein are referred to as per

their ranking before the Trial Court for the sake of

convenience.

The

appellant/plaintiff

filed

a

suit

for

declaration that he is the absolute owner of the suit

schedule property under the unregistered sale deed

dated 11.04.1978, declaring that the judgment and

decree passed in O.S. No.48/1996 is not binding on the

plaintiff for permanent injunction. The defendants/

respondents contested the suit by filing written

statement contending that the father of defendant

Nos.2 to 3 was in possession as an absolute owner of

the suit schedule property and on his death, the

present defendants are in possession and enjoyment of

the suit schedule property as absolute owners.

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4.

The Trial Court on the basis of the pleadings,

framed the following issues:

"1. Whether the plaintiff proves that, he

b