( 1 ) ONE Nanjundaiah filed a suit in O. S. No. 58 / 78 before the Civil Judge, Tiptur, for declaration of title over the suit properties and permanent injunction restraining defendants Nos. 1 to 3 from interfering with his peaceful possession of the suit land. The suit was decreed by the learned Civil Judge, Tiptur, on 30-1-1982. Defendants Nos. 2 and 3 challenged this judgment before the learned District Judge, Tumkur, in R. A. No. 4/82 and the learned District Judge dismissed the appeal by his judgment dated 5-11-1962. Aggrieved by this judgment, defendants Nos. 2 and 3 have come up with this Second Appeal.

( 2 ) DURING the pendency of this appeal, Nanjundaiah, the plaintiff died and his wife and Krishna Gowda were brought on record as legal representatives of Nanjundaiah. The case of the plaintiff was, that the suit schedule property belonged to one Dasaru Chikkanna, that he purchased the same by a registered sale deed dated 9-11-1955 in the name of the first defendant his brother-in-law, and that he has been in possession of the same by paying land revenue and improving the land. His alternative case was that he had perfected his title by adverse possession, hav