ORDER

Delay condoned.

Substitution and impleadment allowed.

Leave granted.

2. We have heard learned counsel on both sides.

This appeal by special leave arises from the judgment and order of the Karnataka High Court, made on January 6, 1992 in RSA No.933/78.

3. The admitted position is that one Radhabai, mother of the appellants was the owner of 4 acres 38 gunthas of land in Paschayapur Village in Bijapur Taluka and District in Karnataka State. According to her, she, with a view to dig a well in R.S. No.299, namely, the same land, had obtained a loan in the year 1961 from the father of the respondent in the a sum of Rs.1,000/-. Since she was not in a position to complete the digging of the well, she approached again for a sum of Rs.2,000/- to complete the well. The respondent s father who is a Constable had advanced the money on the condition that she would execute the sale deed in favour of his minor son, i.e., the respondent. Accordingly, she executed the sale deed with an agreement of re-conveyance which was accordingly executed on August 31, 1961. She stated that she has paid from time to time a sum of Rs.7,000/- and she asked the respondent to execute the re-conveyance and the respon