The captioned Second Appeal is filed by the

defendants feeling aggrieved by the divergent findings

recorded by the Courts below. The Appellate Court has

decreed the suit in entirety.

2.

For the sake of convenience, the parties are referred

to as per their rank before the Trial Court.

3.

The plaintiff instituted a suit in O.S.No.218/2001

seeking relief of declaration of title and for permanent

injunction. The subject matter of the suit are three

agricultural lands which are referred as item Nos.1 to 3 in

the schedule. Plaintiff claimed that item Nos. 1 and 2 are

ancestral properties and after the death of defendant's

father, defendant has sold item Nos.1 and 2 under the

registered sale deeds dated 14.05.1971 and 23.09.1971

vide Exs.P.7 and 8. The plaintiff further contended that he

has jointly purchased item No.3 along with defendant

under

registered

sale

deed

dated

28.10.1969

and

4

therefore, claimed that he is entitled for 1/2 share in the

schedule property. On these set of pleadings, plaintiff

claimed relief of declaration and injunction.

4. Defendant on receipt of summons tendered appearance.

Defendant admitted the claim of plaintiff insofar as item

No.3 is concerned. Defen