JUDGMENT:

TARUN CHATTERJEE, J.

1. Leave granted.

2. This is an appeal by special leave against the judgment and final order dated 24th of July, 2006 of the High Court of Karnataka at Bangalore in RFA No. 126/2006 whereby the High Court had affirmed the decision of the Trial Court dismissing the suit ofthe appellant for partition and separate possessionalong with mesne profits.

3. The relevant facts leading to the filing of thisappeal, as emerging from the case made out by theappellant in the plaint, are as under:-

Late Anjanappa had twosons viz.,Ramakrishnappa and Venkataramachar, arrayed asdefendant Nos. 1 and 2 in the suit. DefendantNo.2/respondent No.2is the father of theplaintiff/appellant. Defendant No. 3/respondent No.3 isthe wife of Defendant No. 1/respondent No.1. WhenAnjanappa was alive, he was serving as an Archak ofSri Anjaneya Swamy Temple situated in Belesivalayaand there were Devadaya inam lands attached to thetemple, which were cultivated by him. AfterAnjanappas death, the said lands were granted to the respondent No. 1 with the consent of the Tehsildarobtained on the ground that he was the eldest son ofAnjanappa. Apart from these inam lands, LateAnjapppa also possessed a