JUDGMENT :

SANJAY KISHAN KAUL, J.

1. A plaint was laid before the City Civil Judge at Bangalore by A. Krishnappa, predecessor-in-interest of the respondents herein (original plaintiff) against Sri. Jayaram, predecessor-in-interest of the appellants herein (original defendant) under Order VII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘said Code’) being O.S. No. 4268/1989 in respect of the schedule property to the plaint being described as a portion of property bearing Revenue Site No. 9, part of Corporation No. 2, 2nd main road, 1st block, Goraguntepalya, Bangalore-22 (hereinafter referred to as ‘schedule property’).

2. The original plaintiff stated that he and his late brother, Mr. A. Muniswamappa, were full and absolute owners of agricultural land measuring 2 acres and 22 guntas in Survey No. 8/4 of Goraguntepalya, Yeswanthpur Hobli, Bangalore North Taluk. The said land was an ancestral property and in a family partition drawn among the plaintiff’s uncles, the plaintiff and his elder brother by a registered Partition Deed dated 29.8.1956, the said land fell to the share of the plaintiff and his elder brother, Mr. A. Muniswamappa. In a portion of the