Kotraiah. The entire Sy.No.65 of Holesirigere village was belonging to the ownership of ancestors of defendant and there was a partition in that land in the year 1927. After the partition, the co-owner has alienated his share measuring 5 acres 1 gunta in favour of third party. Thereafter, Rudraiah, the father of plaintiff Nos.1 and 2, purchased said 5 acres 1 gunta of land in Sy.No.65 and the said property is the suit schedule property. After the death of Rudraiah, the plaintiffs have inherited the suit land measuring 5 acres 1 gunta in Sy.No.65/2. Therefore, they are the absolute owners of such land. The defendant is having the land bearing Sy.No.65/1 on the northern side of Sy.No.65/2. On 17.04.2004, the surveyor measured the land in Sy.No.65 on the application filed by the defendant. At that time, the plaintiffs came to know that the defendant has encroached upon the land in Sy.No.65/2 to the extent of 1 acre on the northern side. Therefore, they contend that such 1 acre of land is part and parcel of Sy.No.65/2 which has been purchased by Rudraiah. The defendant is in unlawful possession of such 1 acre of land
