( 1 ) THIS appeal is directed against the judgment and decree of the Court of the Additional Civil Judge and Chief Judicial magistrate, Mandya, in R. A. No. 175/75 allowing the appeal of the legal representatives of the first defendant in O. S. No. 82/74 before the Munsiff Court, Malavalli, challenging the judgment and decree of the trial Court decreeing the suit of the plaintiff for possession of the suit property.

( 2 ) BRIEFLY stated the facts are that Ramanna the father of the present appellant was the owner of the schedule property measuring 0-20 guntas of wet land bearing Survey No. 356 of Kirugavalu village, Malavalli Taluk, Mandya District, under a release deed dt. 6-5-1953. The said Ramanna released all his right, title and interest in favour of the present appellant and his wife Smt. Jayamma, who was also one of the defendants in the original suit. In the original suit, the plaintiff in whose favour also there was a release jointly with his mother contended that the sale of the property on 26-4-1965 (under Ext. P-5) by his mother Jayamma was invalid and not binding on him. She was also aware that the property is alienated to the first defendant Basavegow