1. This is the defendants' second appeal against the judgment and decree of the first appellate Court by which it set aside the judgment and decree of the trial Court and decreed the suit of the plaintiff as prayed for.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

3. The plaintiff Sri Siddeshwar is the adopted son of Kadayya. The subject matter of the suit is property bearing C.T.S. No. 2890, C.W. Ward No. 2, Hubli, Dharwad District, consisting of a house a open space which is surrounded by the properties which are more particularly described in item no. 1 of the plaint and for short hereinafter referred to as the suit property.

4. The case of the plaintiff is the suit property originally belonged to his adopted father Kadayya Channabasaiah Kadadevaramath. It was under his management. After his death the name of his wife Smt. Gurubasavva was entered in the city survey records. After the death of Smt. Gurubasavva the plaintiff has become the absolute owner of the suit property. The defendants are his near relatives. The defendants were residing in the house premises on the permission granted to them by Smt.