( 1 ) THIS second appeal is against the order of the Civil Judge (Sr. Dvn ). , Nanjangud in RA 17/1998 by order dated 26. 8. 1999 wherein the lower appellate court has passed an order on remand by this Court in RSA 506/1994 wherein this Court had directed the lower appellate court to consider whether the sale is valid without the court permission; whether the mother can be a defacto guardian entitled to act under S. 11 and whether such a sale is valid; whether there is any legal necessity in the eye of law; even if it be held, whether the sale is binding so far as the mother's share is concerned. While answering the above points raised by this Court, the lower appellate court dismissed the appeal filed

( 2 ) BY the defendants. Hence, this appeal. As it transpires, the original suit property bearing Sy. No. 4/1 measuring 3. 30 acres situate at Madalli Village of Nanjangud taluk was mortgaged by one Nanjundappa in favour of the deceased Mallappa on 10. 9. 1956 for a sum of Rs. 2,500/- It appears subsequently the mortgagor Nanjundappa is shown to have disappeared and on the presumption of natural civil death, his wife has sold the property in the year 1963 in favour of mal