K.S.HEGDE, J.

(1) DEFENDANT No. 2 in the suit from which this appeal arises is the appellant before this court, The plaintiffs sued for the possession of the suit properties on "the basis of their title. Their case was that defendant No. 1 Dagaduba, who was the owner of the suit properties sold the same to the plaintiffs on 12/01/1952; but some of the defendants had trespassed on those properties and hence they were constrained to file the suit. The suit was filed on 14/02/1953.

(2) THE first defendant in his written statement pleaded that the suit properties originally belonged to his family; there was a division in the family between himself and his brother, the second defendant; in that division the suit properties fell to his share; thereafter he became the absolute owner of the same and he mortgaged the same to the plaintiffs. But later he changed that version and admitted that he sold the suit properties to the plaintiffs. The second defendant admitted that the suit properties originally belonged to his family. He also admitted that there was a partition in his family but his case was that as a result of that partition, the suit properties fell to his share and