1. This appeal is filed by the plaintiff, challenging the judgment and decree dated 11.06.2007 passed in RA. No. 57 of 2004 on the file of the Civil Jude (Sr.Dn) Challakere, setting aside the judgment and decree dated 29.09.2004 passed in OS. No. 236 of 2000 on the file of the Additional Civil Judge (Jr.Dn.) Challakere, decreeing the suit of the plaintiff.

2. For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the trial Court.

3. The plaint averments are that the plaintiff is the owner in possession of the suit schedule property and same was granted to him by the then Grama Panchayat as per Grant Certificate dated 03.10.1969. It is further stated in the plaint that the plaintiff is in possession of the suit schedule property and as the defendant / respondent herein interfering with the peaceful possession of the plaintiff in respect of the suit schedule property, the plaintiff filed OS No. 236 of 2000 before the Trial Court.

4. After service of summons, defendant entered appearance and has filed written statement denying the plaint averments. It is the specific case of the defendant that the defendant is the owner