Judgment

MISRA, J.:- The dispute in the present appeal by special leave centres round survey plots Nos. 149 and 150 measuring 17 acres 23 gunthas and 11 acres and 35 gunthas respectively. at Yadgir, District Gulbarga. The disputed plots admittedly belonged to one Galappa. The appellants father purchased the aforesaid two plots under a registered sale deed from Galappa in 1917. As Galappa was a minor at that time the sale deed was executed by his mother, Tayamma as a guardian.

2. In 1919 Tayamma filed an application before the Tahsildar alleging that she executed only a mortgage deed and not a sale deed in favour of the appellants father. The Tahsildar, however, negatived her claim and came to the conclusion after investigation that Tayamma executed a sale deed and not a mortgage deed in favour of the appellants father. She went up in appeal but the same was dismissed and the parties were directed to approach the civil court for a proper redress of the grievances. In the meantime, Saibanna the brother of Galappa, was inducted as a tenant. In 1982 the father of the appellants filed a suit for the declaration of his title and ownership in respect of the disputed lands against Galappa an