JUDGMENT

Anil R. Dave, J.

1. Leave granted.

2. Being aggrieved by the common judgment delivered by the High Court of Karnataka at Bangalore on 6th December, 2007 in RFA No. 1067/2006 and RFA No. 1068/2006, these appeals have been filed by the original Plaintiff and Defendant No. 3.

3. For the sake of convenience, the parties to the litigation have been referred to as arrayed before the trial court.

4. The Plaintiff (Appellant No. 1 herein) is a sister of Defendant No. 4 who filed a suit claiming her right to the extent of 1/6th share in the properties described in Schedule-A to the plaint. The case of the Plaintiff before the trial court was that her father, Appuraya was an absolute owner of the suit property and, therefore, the Plaintiff had a right in the said property. According to her, after the death of her father Appuraya, Defendant No. 4, brother of the Plaintiff was in occupation of the suit property but as the suit property was an absolute property of her father, she too had a share in the property. Moreover, Defendant No. 4 had also executed a writing to the effect that he would give 1/6th share in the suit property to the Plaintiff. Inspite of the above fact, as no part of th