( 1 ) THIS appeal against the judgment and decree dated 28. 9. 99 in RA No. 17/85 on the file of the addl. District Judge, Raichur, arising out of the judgment and decree dated 31. 8. 85 in O. S. No. 171/81 on the file of the Civil Judge, Raichur. For convenient discussion the appellant would be called plaintiffs and the respondents as defendants.

( 2 ) THE appellants are the LRs of the deceased plaintiff, who filed a suit for declaration of title in respect of the suit schedule property and for possession. According to plaintiff his grand father one Narasappa is the propositus. The suit properties are ancestral properties. Propositus died leaving behind two sons by name Basanna and Balayya. Plaintiff is the son of Basanna. The first defendant is the wife of Balayya and the second defendant is the daughter of Balayya. Basanna died in the year 1975. Balayya died in the year 1976. Plaintiff contends that in the year 1939 as per Ex P1 Balayya released his share in the suit property in favour of Basanna. Balayya had no residence and he was financially not well placed, therefore plaintiff's father Basanna permitted balayya to live in the suit house as licensee. When t