( 1 ) THE appeal filed against the judgment and decree passed in RA 95/ 89 on the file of District Judge, Shimoga arising out of the judgment and decree passed in O. S. No. 118/81 on the file of Additional civil Judge, Shimoga. The appellant is the third defendant in the suit. The first respondent plaintiff filed a suit for declaration of title and for possession of the properties from the defendants 1 and 2 in the suit. The respondent-2 is the legal representative of deceased first defendant and respondent-3 is the second defendant. The suit relates to a house property bearing No. 1417/1427/2648 situate in Shimoga city. The suit property was sold by the appellant in favour of the plaintiff under registered sale deed. The defendants 1 and 3 were in occupation of the house. The defendant No. 1 is the sister of the appellant. After purchase, the plaintiff filed a suit for declaration of title and for possession. The defendants 1 and 2 took up a contention that the third defendant appellant was only an ostensible owner, their mother Smt. Madamma had paid the sale consideration for purchase but the property was nominally purchased in the name of the third defendant.