JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Heard learned counsel for the parties.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High court allowing the First Appeal filed by the respondents under Section 96 of the Code of Civil Procedure, 1908 (in short the 'CPC').

3. The factual background needs to be noted in brief: The appeal before the High Court was by the plaintiffs who are respondents in the present appeal. The plaintiffs 1 and 2 are the wife and husband. According to the plaintiffs, the Ist plaintiff purchased site no.43 in survey No.37 of Avalahalli Village, Bangalore South Taluk, measuring East to West 45' and North to South 30' and bounded on East by 5th Main Road, on the West by Site No.46, on the North by Site No.42 and on the South by Site No.44. According to them, the 2nd defendant (respondent No.3 herein) sold the property as power of attorney holder of one Narayana Rao in favour of the Ist plaintiff under a registered sale deed dated 7.6.1984. At the time of purchase, a temporary structure was there on the property and with an intention to construct a new building, they pulled dow