ORAL JUDGMENT

Assailing the concurrent findings of facts recorded by the Courts below, the defendant is before this Court in this regular second appeal.

2. Parties herein are referred to as per their rank before the trial Court for the sake of convenience.

3. Suit for declaration and possession to declare that the plaintiff is the lawful owner of the suit land by virtue of succession, and decree for possession of the suit land from defendant and for grant of mense profits.

4. Property bearing Sy.No.238 was totally measuring 5 acres 36 guntas, land measuring to an extent 1 acre 12 guntas towards Southern side out of 2 acres 26 guntas in RS No.238/2 (hereinafter referred to as the ‘suit land’ for the sake of convenience). The case of the plaintiff is that the suit land was originally in the name of Tippanna Atagali, who had two wives and the suit land was divided into two parts i.e.,Sy.No.238/1 consisting of 3 acres 9 guntas and Sy.No.238/2 consisting of 2 acres 26 guntas, and were allotted to the first and second wife of Tippanna Atagali respectively in a partition. RS. No.238/2 was allotted to the second wife, the sons of Tippanna through his second wife namely Yallappa and Fakeerappa