AN JANAPPA Vs. BYRAPPA

JUDGEMENT

(1.) this is the defendants' second appeal arising from the judgment and decree dated 9th july, 1987 delivered by (Sri K.Ishwar Bhat) the principal civil judge, bangalore district, bangalore in r.a. No. 16 of 1981 whereby the learned civil judge, dismissed the defendants' first appeal which had arisen from the judgment and decree dated 31-8-1979 passed in o.s. No. 240 of 1968 by the learned munsiff, doddaballapur, decreeing the claim of the plaintiffs in the above mentioned suit for partition of 1/3 share in the suit properties and affirming the trial court decree.

(2.) the following is the pedigree for the purpose of the case and decision. <img>saj2.jpg</img>

(3.) the plaintiffs-respondents filed a suit for a declaration to the effect that they are entitled to their 1/3 share in the properties in the suit which have been mentioned in schedule 'a' and schedule 'b' to the plaint. The plaintiffs also claimed for a decree for partition and separate possession of the aforesaid share by metes and bounds through the commissioner. They also prayed for a decree for mesne profits from the date of the suit till the date of delivery of possession under Order xx, Rule 12, C.P.C. and for costs and for other reliefs.