This appeal is filed by the defendant challenging the judgment and decree passed by the IV Addl. District and Sessions Judge, Dharwad (lower appellate court) in R.A.No.187/2015 (Old No.55/2012) whereby the judgment and decree dated 28.05.2012 passed by the III Addl. Civil Judge, Dharwad (trial Court) in O.S.No.653/2008 has been confirmed.

2. For the sake of convenience, the parties are referred to as per their rankings before the Trial Court.

3. The facts of the case in brief are that the plaintiffs filed a suit in O.S.No.653/2008 against the defendant for possession and mesne profits in respect of property bearing No. CTS No. 188/A/LB measuring 278 sq. yards situated at Line Bazaar, Dharwad, contending that one Hanuman Prasad Shukla gifted the suit property along with other properties in favour of father of plaintiff No.1 namely, Ramachandra Pujar under registered gift deed dated 07.02.1981; that in the partition, among the joint family members of plaintiff No.1, the suit property was allotted to plaintiff No.1.

4. The plaintiffs further contended that the heirs of late Parashuram Chidambar namely, Vasantibai and others surrendered their lease hold rights in favour of defen