The plaintiffs No.1 and 2 are brothers being sons of Mallappa Suragond. First defendant is the son of Mahadevappa, who is another son of Mallappa Suragond. The second defendant is the purchaser of the suit property, which consists of agricultural land to an extent of 1 acre 15 guntas in R.S. No.3/2 of Sheelavanth Somapur village, Shiggaon taluk.

2. The case of the plaintiffs is that the suit property was purchased by the first defendant’s father Mahadevappa while he was acting as Manager of the joint Hindu family even during the life-time of his father. Their father, Mallappa had eight sons and they were all living in a joint family till 30.01.1964, Mallappa having died somewhere in the year 1963. On 30.01.1964, there took place an oral partition according to which the suit property was allotted jointly to the plaintiffs, and thus, they became the absolute owners of the suit property. But, the first defendant instituted a suit O.S. No.71/1971 in the Court of Munsiff, Savanur, for permanent injunction against the plaintiffs and dispossessed them from the suit property, probably by virtue of an interim order granted in the suit. This suit having been decreed against the plai