JUDGMENT :

C. M. JOSHI, J.

Being aggrieved by the dismissal of O.S.No.60/1998 by the learned Civil Judge (Jr.Dn.) and J.M.F.C., Saundatti, the defendants had filed R.A.No.7/2007 before the Additional Civil Judge (Sr. Dn.) and J.M.F.C., Saundatti which came to be allowed by the judgement and decree dated 07.10.2009 and therefore, the defendants are before this Court in Second Appeal.

2. The factual matrix of the case that is relevant for the purpose of this appeal may be summarised as bellow:

a) It was contented by the plaintiff that he was given in adoption to one Gadigeppa when he was a minor and Mayavva was adoptive mother. After death of the Gadigeppa, the plaintiff and his mother were looking after the properties and thereafter, the plaintiff purchased block No.217 measuring, 7 acres, 4 guntas in the year 1966. The other property block No.218, measuring 5 acres, 8 guntas was granted by the Land Tribunal under the Karnataka Land Reforms Act, 1961.

b) Block No.217 and 218 measuring 7 acres 5 guntas and 5 acres 8 guntas respectively situated at Hirur village of Saundatti Taluka were acquired by the plaintiff, one by way of purchase in the year 1964 from the income of the adoptive fami