JUDGMENT :

Ashok S.Kinagi, J.

This appeal is filed by the defendant challenging the judgment and decree dated 09.12.2016, passed in R.A.No.7/2014, confirming the judgment and decree dated 30.11.2013, passed in O.S.No.206/2009.

2. For the sake of convenience, parties are referred to as per their ranking before the Trial Court. Appellant is the defendant and respondent is the plaintiff before the Trial Court.

3. Facts giving rise to the filing of the appeal briefly stated are as under :

The case of the plaintiff is that the defendant is the absolute owner and possessor of land bearing Sy.No.54/1, totally measuring 23 acres 32 guntas including the suit land measuring 1 acre 5 guntas situated at Village Malkapur, Taluka and Dist. Bidar. The name of the defendant is appearing in the Record of Right of suit land as the exclusive owner and possessor of the same. The defendant has purchased the said land from previous owner under the registered sale deed dated 23.12.2000, and became the exclusive owner and possessor of the same. The defendant due to his family and shariya necessities and to pay off the debts, agreed to sell the suit land in Sy.No.54/1 to the extent of 1 acre 5 guntas. According