JUDGMENT :

SACHIN SHANKAR MAGADUM, J.

1. The captioned first appeal is filed by the defendant No. 1 questioning the judgment and decree of the Court of first instance wherein plaintiff’s suit is decreed declaring the plaintiff as absolute owner of the suit schedule property. Consequently, defendant No. 1 is directed to handover possession of the suit schedule property. The trial Court has also ordered for separate enquiry for mesne profits.

2. For the sake of brevity, the parties are referred to as per their rank before the Court below.

3. The original plaintiff namely Rachappa @ Rachaiah who is the father of defendant No. 2 instituted suit seeking relief of declaration of title and possession of the suit schedule property. The original plaintiff contended that defendant No. 2 is the son and suit item No. 1 bearing Sy. No. 56/1 measuring 50 guntas was purchased by plaintiff under registered sale deed dated 08.06.1957. Therefore, plaintiff claimed that item No. 1 is his self acquired property. Plaintiff further pleaded that defendant No. 2 who is the son managed to get his name mutated to the revenue records in 1987-88 and based on mutation, his son i.e. defendant No. 2 sold item No. 2