JUDGMENT:

S.B. SINHA, J.

1. Defendant in the original suit is the appellant before us being aggrieved by and dissatisfied with the judgment and decree dated 4.3.1999 passed by the High Court of Karnataka at Bangalore in RFA No. 377 of 1992 affirming the judgment and decree dated 31.3.1992 in a suit for partition filed by the respondents herein passed by the Court of Civil Judge, Puttur, D. Kannada.

2. The relationship between the parties herein is not in dispute which would appear from the genealogical table given hereinafter.

Narayana Rai

(Thimmappa (Aithappa Subbayya (Ramanna Rai(Padmavathi daughter)(Savithri daughter)

Rai elder son )Rai Younger Rai (Son sinceson) (plaintiff(Def. No.2- Respondent(deft. No. 3

(def.1-Appellant)son-since deceased) =respondentNo.2respondent

deceasedSunanda) (wife)No.1No.3

(defendant No.4

respondent No.4)

3. Wife of Narayana Rai whose wife pre-deceased him.

4. Respondent herein filed a suit for partition in respect of the properties described in schedules "B", "C" and "D" of the plaint. The property described in schedule "B" of the plaint belonged to one Muddekatta Ramappa Gowda. The same had been taken on lease by Narayana Rai on chalageni basis long back.