A.N. Venugopala Gowda, J.

This is a plaintiffs' second appeal. Suit filed to pass a decree for possession was contested. The written statement and an additional written statement was filed. 8 issues and 4 additional issues was raised. P.Ws. 1 and 2 deposed in support of the plaintiffs' case and marked Exs. P. 1 to P. 5. For the defendant, D.Ws. 1 and 2 deposed and marked Exs. D. 1 to D. 11. Learned Trial Judge entered findings 'in the negative' on issues 1, 3 and 5 and additional issues 1, 2 and 4. He entered 'affirmative' findings on issues 2, 4 and 6 and additional issue 3. A finding was entered, that the defendant is entitled to protect its possession over the suit schedule property by way of part performance of the contract under Section 53-A of the Transfer of Property Act, 1882 (for short 'the Act'). As a result, the suit was dismissed.

2. Feeling aggrieved, an appeal having been filed by the plaintiffs, learned Appellate Judge raised the following point for determination:

"Whether the findings of the Trial Court in dismissing the suit of the plaintiffs in O.S. No. 97 of 1980, dated 9-6-2000 with observations that the defendant is entitled to protract its possession ov