AND

DECREE

DATED

17.11.2004 PASSED IN O.S.NO.105/1985 ON THE FILE OF THE

II ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, KUNDAPURA

AND REMANDING BACK THE MATTER TO THE TRIAL COURT

FOR DIRECTION.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Heard the appellants counsel and also the counsel

appearing for the respondents.

2. The factual matrix of the case before the trial Court is

that the plaintiffs have filed the suit for the relief of possession

contending that defendant is a tenant on monthly rent of

Rs.50/- and defendant also claimed the adverse possession in

the said suit. The trial Court framed the issues with regard to

whether the plaintiff proves that he had title over the A

- 3 -

schedule property and B schedule property and defendant

proves that he was in possession of A schedule property and he

constructed the plaint B schedule house and he perfected the

title over the suit schedule property and whether the suit is

barred by time and ultimately the trial Court has decreed the

suit and the same is challenged before the appellate Court. The

appellate Court having considered the grounds urged in he

appeal, formulated the points wi