The captioned second appeal is filed by the

unsuccessful

defendant,

who

has

questioned

the

concurrent findings of the Courts below, wherein both

Courts have decreed the suit filed by plaintiff declaring that

plaintiff is the absolute owner and consequently, directed

defendant to handover the vacant possession of the suit

schedule property.

2. For the sake of brevity, the parties are referred

as they are ranked before the Trial Court.

3. The plaintiff instituted a suit for declaration and

for possession in O.S.No.109/2014. Plaintiff claimed that

3

the suit schedule property is an ancestral property. It is

further contended that father of plaintiff partitioned family

properties between his two sons and in the said partition,

the suit schedule property was allotted to share of the

plaintiff. It is also contended that plaintiff's name was duly

mutated pursuant to partition. The plaintiff claimed that

defendant has no right and title over the suit schedule

property. The plaintiff has further pleaded that in the

month of March 2013, defendant requested plaintiff to

permit him to cultivate land for a period of one year. The

plaintiff claimed that in terms of oral agreement, the