(1.) Defendant No.2 in O.S. No.106/1985 on the file of Additional Civil Judge (Jr. Dn.), Malur, has come up in this second appeal impugning the judgment and decree dated 29.10.2005 passed by the Court of Prl. Civil Judge (Sr. Dn.) and CJM., Kolar, setting aside the judgment and decree passed by the trial Court dated 17.10.1998, wherein the suit of plaintiffs was dismissed.
(2.) The brief facts leading to this second appeal are as under:
(3.) This second appeal was admitted to consider the following substantial question of law: