( 1 ) THIS is the defendant's second appeal under Section 100 of the Civil Procedure Code from the judgment and decree dated 29-1- 1985, delivered by civil judge, chickmagalur, in regular appeal No. 28 of 1981, out of the judgment and decree dated 31-3-1981, in original suit No. 341 of 1978, by the court of munsiff, chickmagalur.

( 2 ) THE facts of the case in brief are that the plaintiff-respondent claims to be the owner of the land shown in the schedule a to the plaint. According to the plaintiff's case, the entire area of the survey number concerned was 4 acres 29 guntas. Out of that area, an area of 2 acres 141/2 guntas belonged to the defendant-appellant and the remaining half of the land measuring 2 acres 141/2 belonged to the plaintiff, who had purchased it from the previous owner. According to the plaintiffs case, the original owner of the land was one beeramma and that beeramma transferred this land in two parts of 2 acres 141/2 guntas to two persons, namely, patel puttegowda, from whom the plaintiff claims to have purchased first half of the land measuring 2 acres 14 1/2 guntas, while, the other half measuring 2 acres 14 1/2 guntas was transferred by beer