( 1 ) THIS is Plaintiff's Second Appeal challenging the Judgment and decree passed by the Lower Appellate Court in R. A. No. 45 of 1992, dated 15th June 1994 and reversing the Judgment and Decree of the Principal Munsiff, Jamkhandi, in O. S. No. 21/1978, dated 29th august 1992, urging two substantial questions of law as framed at paragraph No. 6 of the Memorandum of Appeal. The rank of the parties in this Judgment is described as has been described in the original Suit for the sake of convenience.

( 2 ) CERTAIN relevant and necessary facts of this case are briefly stated for the purpose of appreciating, considering and answering the rival contentions urged by the learned Counsel appearing on behalf oi the parties. The Plaintiff filed the original suit against the defendants for grant of Judgment and Decree for delivery of possession of the suit schedule house property bearing VPC. No. 281 situated in Kunchanur village in Jamkhandi Taluk. The claim of the plaintiff is that the said house property measuring East to West 7 cubits and North to South 15 cubits which is fully described in the plaint schedule was purchased by the plaintiff from the deceased defendant Appa