The first defendant of an original suit in O.S.144/08 which was pending on the file of Principal Civil Judge, Vijayapura, has filed this appeal under Section 100, C.P.C. challenging the concurrent judgments passed against him. Respondents 1 to 4 are plaintiffs in the said suit. The 2nd defendant who is the father of the 1st defendant, died during the pendency of the appeal filed before the Senior Civil Judge, Vijayapura. Since appellant is his legal heir, he has filed this appeal.

2. The facts leading to the filing of the present suit in O.S.144/08 and the present appeal are as follows:

a) The suit schedule property bearing CTS No.458 is a residential house in Ward No.5 of Vijayapura city. It belonged to Mohamed Shafi Inamdar who was the husband of the 1st plaintiff and father of plaintiffs 2 to 4. It is the case of the plaintiffs that the appellant 1st defendant Abdul Hameed was inducted as tenant and he was paying rent at the rate of Rs.1,000/- p.m. After the death of Shafi Inamdar, his wife and children inherited the property.

b) Defendants are closely related to the plaintiffs. Somehow they managed to get their names entered in CTS records on the basis of an alleged oral g