ORDER

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special leave arises against the judgment and decree of the Karnataka High Court made on February 14, 1995 in RSA No. 350/90.

3. The admitted position is that appellant s father Chenne Gowda apart from himself being Chenne Gowda had four brothers, namely, Linge Gowda, Hala Gowda, Bale Gowda and Channiah. The appellants (defendants 8 and 7) are sons of Chenne Gowda. The first defendant is the son of Linge Gowda. Bole Gowda is the third defendant and Chenne Gowda is the second defendant. Bole Gowda s sons are defendant Nos. 4 to 6. The appellant had filed the suit for a declaration of his title and injunction against all the defendants to restrain them from interfering with his possession. It is his specific plea that the property was the ancestral property and prior to 1936, there was a partition by meets and bounds among five brothers of his father. Subsequently, in 1936, there was a further partition between the appellant and his brothers, defendants 7 and 8 and the suit land had fallen to his share and since then he has been in possession and enjoyment of it. From 1968 onwards, defendants started inte