JUDGMENT:

HARJIT SINGH BEDI,J.

1. The facts leading to the filing of this appeal by way of

special leave are as under:

2. PW-1 Bhagyavathi, wife of Thimmappa deceased of village Arebilachi, is the complainant in the case. Thimmappa was the son of Navilapa. Navilapa had, in addition, five other sons Devendrappa, Manjappa, Chandrappa, Nagarajappa and Gadigeshappa and two daughters including Ratnamma PW-2. Navilapa had about 12 acres of ancestral land and he had divided the said land equally between himself and his sons and all were in possession of their respective shares thereafter. Thimmappa, Devendrappa and Manjappa were residing separately whereas the other two, Chandrappa and Gadigeshappa, were residing in their old family home whereas Nagarajappa was residing with his father Navilapa and his sister Ratnamma. Thimmappa, however, acquired about 10 acres of land on his own but his brothers Chandrappa and Gadigeshappa were demanding a share out of this land as well and on account of this development, the relationship between the brothers had become strained. Chandrappa and Gadigeshappa also filed a suit seeking a share in the 10 acres acquired by Thimmappa with the result that the rel