PREM CHAND JAIN, C. J.

( 1 ) IN order to appreciate the controversy, certain salient features of the case may be noticed :- on 28-12-1942 one Baba Poojary, husband of the first-plaintiff and father of the other plaintiffs, along with the first- defendant and one Manjappa jointly purchased some properties including the suit properties as per registered sale deed for a sum of Rs. 25,000/ -. Manjappa agreed to pay half the sale consideration and Baba Poojary and the first-defendant agreed to pay the remaining half of the consideration in equal shares. Subsequently, on 1-8-1955 the said three vendees entered into a registered partition deed under which the suit properties along with some other properties were allotted to the share of Baba Poojary. The plaintiffs claimed that about three months after the said partition, Baba poojary executed a registered gift settlement deed dated 25-11-1955 in their favour, under which the properties allotted to Baba Poojary in the said partition as well as some other properties belonging to him, appeared to have been gifted to the plaintiffs. It appears that shortly after the partition deed, the first-defendant trespassed into the plaint property cons

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