JUDGMENT :

Aravind Kumar, J.

1. The father of the appellants late Srinivas Shetty filed a suit for declaration of title and perpetual injunction as an indigent person in Misc. Petition No. 24 of 1984 which came to be dismissed by the Trial Court on 5.5.1984. A suit in O.S. No. 22 of 1986 was filed by the appellants herein seeking partition and separate possession against their father late Srinivas Shetty and the purchaser of suit schedule property, namely, Mudegowda (the deceased respondent) who was arrayed as 2nd defendant. The said suit O.S. No. 22 of 1986 came to be dismissed vide judgment dated 10.9.1987 on the ground that on the date when Srinivas Shetty executed the sale deed in favour of Mudegowda, he was not married and appellants were not even born. However, an observation came to be made by the learned Trial Judge that late Mudegowda was not in possession of the suit schedule property and he had to file appropriate suit for possession of suit schedule property. It was also held that there was valid conveyance of title executed by Srinivas Shetty in favour of Mudegowda.

2. Appellants herein had filed suit O.S. No. 448/1987 against Mudegowda for perpetual injunction in respect