( 1 ) THIS is a plaintiff's second appeal.

( 2 ) BRIEFLY stated the facts giving rise to the filing of this second appeal as gathered, from records are as under:

( 3 ) PLAINTIFF filed a suit O. S. 6/75 on the file of the Civil Judge,bijapur for a declaration that alienation made by defendant No. 6 to the suit in favour of defendant Nos. 1, 4 and 5 is not binding, and declare him as the owner of suit properties and for consequential relief of possession; suit properties are 2 items of agricultural lands bearing sy. No. 94/2 of Yelwar Village, Basavanabagewadi Taluk measuring 15 acres 24 guntas, 21 acres and 34 guntas of land in sy. No. 3 of Mannur Taluk.

( 4 ) THE suit properties originally belonged to one Hanumatharaya. He had 3 sons Ramchandrappa, Saheb Gowda, Shivasang-appa. Plaintiffs are the children of Shivasangappa. After the death of Saheb Gowda, his widow adopted Basavanagowda Saheb Gowda - defendant No. 6 in the present suit (since deceased by his legal representatives ).

( 5 ) THE said Basavanagowda Sahebgowda (defendant No. 6 in the present suit) had originally filed the suit O. S. 67/48 against the present plaintiffs and others on the file of the C