Judgment

MUDHOLKAR, J, : This is an appeal by defendants Nos. 3 to 8 from a decision of the High Court of Mysore passing a decree in favour of respondent No. 1 who was defendant No. 1 in the trial court, for possession of half the property which was the subject matter of the suit and also allowing future mesne profits.

2. The relevant facts are briefly these: The plaintiff who is the elder sister of the first defendant instituted a suit in the court of the District Judge, Bangalore for a declaration that she is the owner of half share in the properties described in the schedule to the plaint and for partition and separate possession of half share and for mesne profits. According to her the suit property was the absolute property of her mother Puttananjamma, and upon her death this property devolved on her and the first defendant as her mother s heirs. Since, according to her, the first defendant did not want to join her as co-plaintiff in the suit, she was joined as a defendant. It is common ground that the property, was in the possession of the second defendant R. S. Maddanappa, the father of the plaintiff and the first defendant and Gangavva the second wife of Maddanappa and her c