JUDGMENT

The defendant (since deceased represented by his legal representatives) in O.S.No.27/1998 on the file of the Civil Judge (Jr. Dvn.), Ramdurg (henceforth referred to as 'Trial Court') has filed this Regular Second Appeal aggrieved by the judgment and decree dated 08.12.2008 passed therein as well as the confirming judgment and decree dated 19.06.2009 passed by the Civil Judge (Sr. Dvn.), Ramdurg (henceforth referred to as 'First Appellate Court') in R.A.No.6/2009.

2. The parties shall henceforth be referred to as they were arrayed before the Trial Court. The appellant was the defendant and the respondent was the plaintiff before the Trial Court.

3. The suit in O.S.No.27/1998 was filed for declaration that the alleged sale deed dated 21.02.1992 executed in favour of defendant was null and void and for recovery of possession of the suit property, which was agricultural land bearing Sy.No.476/2 situate at Katkol village, measuring 2 acres 5 guntas. The plaintiff claimed that he was Pattadhikari and the Trustee of Shri. Hiremath of Katkol Trust, which was a Public Trust. He claimed that on 29.06.1952 an order was passed by the Assistant Charity Commissioner, Belgaum, in Enquiry N