The appellant filed O.S. No.65/2000 in the Court of III Addl. Civil Judge (Jr. Dn.) at Gadag to pass a decree of declaration and injunction by adverse possession against the respondents. The defendants filed written statement and contested the suit. The Trial Judge raised six issues. Plaintiff got examined himself as PW1 and examined two witnesses as PWs 2 and 3 and marked 17 documents as Exs.P1 to P17. Defendant No.1 got himself examined as DW1 and two witnesses were examined as DWs 2 and 3 and a document was marked as Ex.D1. The Trial Judge on appreciation of the evidence brought on record, answered issue No.1 i.e., the plaintiff having proved that the deceased Rudrappa executed agreement of sale in his favour on 01.10.1985 in the affirmative and issue Nos.2 to 5 in the negative and the suit was dismissed. The plaintiff filed an appeal under S.96 CPC, registered as R.A. No.145/2002, on the file of Senior Civil Judge and CJM at Gadag. The respondents appeared and attacked the finding entered on issue No.1 and supported the conclusion of the Trial Court i.e., dismissal of the suit. On perusal of the record, five points were raised for consideration. At the time of hearing