( 1 ) THIS appeal is preferred against the judgment and decree dated 23-8-1976 passed by the additional civil judge, dharwar in r. a. No. 91/1972. The facts relevant for the disposal of this appeal, briefly stated, are as under:

( 2 ) PLAINTIFFS filed o. s. No. 230/1969 on the file of munsiff, dharwar praying for a decree against the defendant for declaration that the sale deed dated 29-6-1967 by their father in favour of the defendant in respect of the suit house and the decree obtained by the defendant in o. s. No. 49/1969 against their father are illegal and void and not binding on them and for a perpetual injunction restraining the defendant from executing the said decree in o. s. No. 49/1969.

( 3 ) THE case of the plaintiffs as made out in the plaint can be briefly summarised as follows: the suit property comprising the house and a backyard bearing t. p. c. No. 832 of hebballi village in dharwar taluk is the coparcenary property consisting of plaintiffs and their father and that the plaintiffs have got distinct interest therein. The suit property has been in their possession and that of their mother and grand-mother. The father of the plaintiffs basappa desai