JUDGMENT :

(M.G.S. KAMAL, J.)

1. This appeal is by defendant No.2, being aggrieved by the judgment and decree, dated 14.10.2014, passed in R.A. No.53/2013, on the file of the Senior Civil Judge and JMFC, Hungund (for short “the first Appellate Court”), by which the First Appellate Court, while allowing the appeal filed by the plaintiffs – respondent Nos.1 and 2 herein has set aside the judgment and decree, dated 21.10.2013, passed in O.S. No.343/2013, on the file of the Civil Judge and JMFC, Hungund (for short “the trial Court”), and decreed the suit declaring that the plaintiffs being the absolute owners of the suit schedule land and the sale deed executed by defendant No.2 in favour of defendant No.1 as not binding on the suit land and has further granted the relief of permanent injunction against defendant No.2.

2. The above suit is filed by the plaintiffs contending that:

(a) Originally the land bearing Sy. No.35/1 measuring 5 acres 3 guntas belonged to plaintiff No.1. That prior to 1970, plaintiff No.1 had orally gifted a portion of the suit land in favour of Hazrat Syed Sha Mehboob Quadri Hidayatulla Hussaini Sajjada Nasheen Malkhed for the purpose of construction of house and a