JUDGMENT

S.B. Sinha, J. — Defendant No. 1 in the suit is the appellant herein. The parties hereto were admittedly co-owners of the suit property. The relationship between the parties shall appear from the following genealogical table:-

M. Ramakrishna Hebbar

= Smt. Sundari Amma (D-9)

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M. Venkatram- M. Rajgopala M. Mohana M. Anantha

And Hebbar Hebbar Hebbar Hebbar

(D-1) (P-1) (D-5) (D-6)

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| Srirama Srikrishna Srivittala | | (P-2) (P-3) (P-4) |

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| Prasanna Prashantha | (D-7) (D-8)

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M. Gopal M. Harisha M. Janardhana

Krishna Hebbar

Hebbar (D-3)

(D-2)

2. A suit for partition was filed by the plaintiffs claiming one-fourth share in the suit property. It is not in dispute that on or about 30.3.1973, a purported family settlement was arrived at by the parties. One of the defendants, however, was not a signatory thereto. In the said purported family settlement, it was stated:-

”We each of us are entitled to < share in the family property. As that property is a small areca garden and as there are no sites near by to construct a separat