ORDER

Leave granted. We have heard learned counsel on both sides.

2. Since this is a long drawn litigation for over 37 years we think it appropriate to give quick end to the litigation instead of remanding the matter to the High Court for further remanding it to the appellate Court. It is not in dispute that Machine Chowdegowda, the father of the appellant had three brothers. The suit came to be filed for partition of 10 acres of wet land, 5.30 acres, of dry land, 30 gunthas of house site into four equal parts and l/8th share towards the appellant-plaintiff. At three stages, the suit came to be dismissed and ultimately in the second appeal No. 204/94, by judgment and decree dated March 17,1995 the High Court of Karnataka confirmed the dismissal of the suit. Thus this appeal by special leave.

3. There is evidence in this case Exs. P-1 4 and P-36 which would indicate that Machine Chowdegowda had described the appellant to be the son born to his first wife, Siddamma. It is seen that there is a controversy as regards the factum of the customary marriage by name Kuduvali marriage which seems to have taken place in early 1920. Under those circumstances, at the distance of 40 years it would