This second appeal is filed by the defendants 1 to 4. The facts leading to this litigation are as under:

One Dada Lagammanna Pommai and his wife Godabai had no issues.

It is the case of the plaintiff that he was taken in adoption on 11-5-1971. After adoption, in the year 1972, Dada Lagammanna Pommai died. Thereafter, as adopted son, the plaintiff inherited his estate and he was cultivating the lands along with his mother. They jointly claimed• occupancy rights before the Land Tribunal, Chikkodi in respect of the lands under cultivation and the same was granted. Thereafter, they have divided the properties. In the said partition, 30 tolas of gold and Rs. 60,000/- was given to Smt. Godabai and the agricultural land fell to the share of the plaintiff.

It appears that Smt. Godabai executed a Will in respect of the properties on 5-5-1976 in favour of the defendant 5 and one Balesha Waghe and they were cultivating the said lands. Therefore, the plaintiff was constrained to file O.S. No. 197 of 1976 seeking a decree of permanent injunction against the defendants. The said suit after contest came to be dismissed holding that the plaintiff was not in possession on the date of the suit.