( 1 ) THE appeal filed against the judgment and decree passed in O. S. No. 62 of 1984 on the file of Principal Civil Judge (Senior Division), mangalore. The Trial Court disposed of the suits O. S. Nos. 62 of 1984 and 265 of 1983 by recording common evidence and common judgment.

( 2 ) THE appellant is the plaintiff in O. S. No. 62 of 1984 filed for declaration that the sale deeds Exs. P. 1 and P. 2 executed by the first defendant are null and void and seek consequential relief of possession free from all encumbrances. The 4th defendant filed a separate suit O. S. No. 265 of 1983 against the second defendant for the relief of specific performance in respect of the property, which is a subject-matter of O. S. No. 62 of 1984.

( 3 ) THE appellant in this proceeding will be referred to as plaintiff and the respondents would be referred to as defendants for convenient discussion.

( 4 ) ACCORDING to the plaintiff the suit properties belonged to his mother Mrs. Aquis Pinto. After her demise, the plaintiff along with his father (defendant 5), sister (defendant 6) and brothers (defendants 7 to 9) succeeded to the property and they are all co-owners of the property. The suit