JUDGMENT

K. N. SAIKIA, J. :— This defendants appeal by special leave is from the judgment of the High Court of Karnataka dated 24-1-1979 in regular Second Appeals Nos. 522/1973 and 591/1973 which arose out of the following facts.

2. Mallappa Kulkarni had two sons Veerappa and Gurappa. Veerappa is survived by his son Lingappa. Gurappa, a railway employee, married Channavva (first wife) on 16-2-1928 but finding her issueless and sending her to her parents village, he married in 1935 his scond wife Chinnavva who bore him two daughters Shakuntalabai and Annapoornavva. Channavva (first wife) however used to pay occasional visits to Gurappa. Chinnavva (second wife) died in 1943 whereafter Gurappa is said to have married Nilavva. Gurappa retired in 1961 and settled permanently at Hubli constructing the suit house and himself occupied a part and let out the other part on rent. After the death of Gurappa on 29-11-1976 his issueless first wife Channavva demanded 1/3 share in his moveable and immoveable properties, but finding it difficult to acquire her share sold her right to 1/3 share to Lingappa son of late Veerappa on 29-3-1967 for Rs. 5,000. The other heirs having rejected Lingappas requ