JUDGMENT

Ruma Pal, J.-The issue to be decided in this appeal is the share of each of the parties in coparcenary properties. Hiri Thimmaiah (referred to briefly as Hiri ) was the Karta of the coparcenary. He has two wives Sidamma and Ningamma. The appellants are the children of Hiri s first wife, Sidamma. The respondent No. 1 is the second wife and the respondent No. 2 is her daughter.

2. Hiri died in 1971. Soon after his death, in 1972, the appellant No. 1 filed a suit for partition by metes and bounds of 12 properties described in the Schedule to the plaint and for separate possession of 7/12th share in such properties. The case in the plaint was the items 1 and 2 of the schedule properties were ancestral and all the remaining properties belonged to the coparcenery. The further case in the plaint was that Hiri had illegally sought to gift away item No. 1 and 2 by deed dated 17.11.67 to the respondent No. 1 and items 3 to 6 by deed dated 9.6.71 to the respondent No. 2. The appellant No. 1 claimed a declaration that the gifts were void.

3. The appellants 2, 3 and 4 were named as defendants 3, 4 and 5 in the suit. They filed a written statement substantially supporting the case of the