ORAL JUDGMENT

This Second Appeal arises from divergent findings recorded by First Appellate Court.

2. Initially suit was filed by the predecessor in title of the appellants. The original plaintiff died during the pendency of the suit and his legal representatives are brought on record as plaintiffs No.1 to 7. The plaintiffs succeeded before the Trial Court, which decreed the suit for declaration and injunction. On appeal filed by the defendant, First Appellate Court dismissed the suit. Hence, the plaintiff is in a second appeal.

3. The suit is in respect of the property bearing Sy. No.167, which, according to the plaintiffs, is later numbered as Sy. No.226 with khata No.95, measuring 2 acres, situated at Agasavalli village, Taluk: Shivamogga.

4. Initially, the suit was for declaration and injunction; later, the plaint was amended by incorporating the prayer for possession in the alternative. The plaintiffs' source of title over the property is the registered sale deed dated 28.01.1991, executed by Badiya Naika. The plaintiffs contend that the property was granted to Badiya Naika by the Government in the year 1974 vide grant certificate marked at Ex.P34.

5. The defendant contested the su