Judgment

HEGDE, J.: This is a plaintiff s appeal by special leave. The plaintiff sued for possession of the suit properties on the basis of his title. The suit properties originally belonged to the family of one Veerbaswanth Rao Deshmukh. He died in 1892 without male issues, leaving behind him his widow Ratnabai and a daughter by name Lakshmibai. Ratnabai succeeded to the estate of her husband. She died in 1924. On her death Lakshmibai became entitled to the suit properties. But one Parwatibai alias Prayag Bai took unlawful possession of the suit properties. Hence Lakshmibai instituted a suit for their possession in the court of Sadar Adalath, Gulbarga against the said Parwatibai and obtained a decree. In execution of the said decree Lakshmibai obtained delivery of the lands described in Schedule II to the plaint. Lakshmibai died in 1948. Sometime thereafter parwatibai also died. The defendant claiming to be the sister s son of VeerbaswanthRao Deshmukh got himself impleaded as the legal representative of Lakshmibai in the execution proceedings and sought delivery of the lands mentioned in Schedule I of the plaint. Meanwhile one Vishwanath alleging to be the legal representative of P