( 1 ) THIS appeal by the plaintiff is directed against the judgment and decree dated 30 9. 74 passed by the Distric judge, Chitradurga, in RA No. 2 of 1970, on his file, allowing the appeal, on reversing the judgment and decree dated 5. 1. 70 passed by the Civil Judge, chitradurga, in OS No 7 of 1965, on his file, decreeing the suit of the plaintiff as prayed for.

( 2 ) PLAINTIFF instituted a suit for declaration that the sale effected by his mother Savitramma under Ex d-2 in the year 1946 is not binding on his interest and for possession of the suit properties. The suit was resisted by the defendants contending that the plaintiff had no share in the suit properties and that he has no right to bring the suit at all. The trial court raised the following issues as arising from the pleadings: (1) Does the plaintiff prove that he has filed this suit within 3 years after attaining majority? (2) If not, is the suit in time? (3) Does the plaintiff prove that his mother became the owner of the suit properties by virtue of inheritance after the death of the plaintiff's grandmother when admittedly another co-widow namely defendant-3 was alive at the time of the death of his