( 1 ) THIS appeal has been filed by the first defendant under Section 96 CPC against the judgment and decree dated 31-3-92 passed in O. S. 326/83 by the Additional City Civil Judge, Bangalore City decreeing the suit for declaration of title and injunction.

( 2 ) THE suit was filed by respondent -1 Veerappa and his wife respondent-2 Smt. Bhagirathamma who died during the pendency of the suit and her legal representatives are brought on record. According to respondents 1 and 2 and as per the findings of the trial Court, Shri. Gurunanajaiah and his wife Rudramma had two sons name Anubasappa and Nanjappa, Anubasappa being the older son. They had also two more daughters named Bhagirathamma (plaintiff No. 2) and Gangamma. According to plaint averments, Nanjappa was an Ayurvedic Pundit and he was having ayurvedic practice both at Tumkur and Bangalore. He also owned a cycle shop at Tumkur. He had earned enough to acquire properties and plaint schedule property was one of his self acquired properties. Nanjappa had a wife and she predeceased him without issues. Nanjappa died in the year 1965. On his death, his properties were inherited by his mother Rudramma as his sole heir.