Honble KAPADIA, J.–This appeal by special leave is filed by the original defendant against the judgment and order dated 18.12.1998 passed by the High Court of Karnataka in R.S.A. No. 802 of 1995.

(2). Briefly, the facts giving rise to this appeal are as follows:

K.M. Shaffi, respondent herein instituted a suit bearing O.S. No.451/84 in the Court of Principal Munsiff, Bellary (hereinafter for the sake of brevity referred to as "the trial Court") for a declaration that a portion of T.S. No.272-A and T.S. No.273-B admeasuring 80x120 (hereinafter for the sake of brevity referred to as "the suit plot") was his and his brothers absolute property. In the said suit, the plaintiff also sought an injunction restraining the appellant herein (defendant) from entering the suit plot.

(3). T.G. Sreenivasa Pillai, T.G. Vivekananda Pillai and T.G. Sathyanarayana Pillai sons of Gurunatham Pillai were the owners of suit land bearing S. No. 635R (which was revised to T.S. 272) admeasuring 90 cents and S. No. 635T (revised to T.S. 273) admeasuring 5 acres 38 cents. The sons of Gurunatham Pillai sold the above lands to Khan Saheb Abdul Hye vide sale deed dated 14.11.1944 (Ex.P.1) for Rs. 300/-. Khan Saheb

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