( 1 ) THIS is the defendant's second appeal under Section 100 of the Code of Civil Procedure, for short 'c. p. c. ', challenging the judgment and decree dated june 23, 1984 delivered by 2nd additional civil judge, belgaum, in regular appeal No. 63 of 1983, dismissing the appeal and confirming the judgment and decree of the trial court dated april 20th, 1982, delivered and given by the principal munsiff, belgaum, decreeing the plaintiff-respondent's claim for possession and mesne profits in regular suit (o. s. No. 291 of 1971 Mrs. Roasene Jerome D'souza v. Bhagawandas ).

( 2 ) THE facts of the case in brief are that the plaintiff-respondent filed the above mentioned suit on 7-9-1971, against the defendant-appellant for decree of possession over the suit property as described in para-1 of the plaint and for a decree of mesne profits at the rate of Rs. 35/- per mensem from the date of suit till the delivery of actual possession. The plaintiffs case as per averments made in the plaint has been that the plaintiff-respondent purchased house property measuring 1392 square feet for a sum of Rs. 7,000/- on 27-7-1970, from chandrakumar balaji kamble and venkubai balaji