RAMASWAMI, J.:-These are two connected appeals arising from the decrees and judgment of the learned Subordinate Judge of South Kanara in O.S. Nos.115 of 1947 and 127 of 1948.

2. The dispute in this case relates to three items of properties, viz., two parcels of land used for raising paddy and arecanut in Kedila village and a coffee estate in Coorg, ten miles from Mercara.

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3-14. (After discussing the facts of the case His Lordship proceeded.)

The points which fall for consideration are two-fold, viz., whether in regard to these items of properties Ganapathi Bhatta was benamidar and apparent owner and whether S.66, C.P.C. applies to the transactions relating to the two items of Kedila properties, in regard to which two sale certificates have been issued in favour of Ganapathi Bhatta.

15. On a careful consideration of the entire circumstances of the case we have come to the same conclusion as the learned Subordinate Judge in regard to the two items of Kedila properties and in regard to the coffee estate we have come to the conclusion that as per the even tenor of the sale deed which has not in any way been rebutted and shown to be what it is not, defendants 8 and 9 differing