JUDGMENT :

SANJIV KHANNA, J.

For convenience, we begin by reproducing the genealogy table as it stood at the time of filing the suit from which the present appeal arises:

We would refer to the parties before us as per the above table, albeit acknowledge many of the aforesaid parties having expired are represented by their legal representatives.

2. On 15th April 1961, M.C. Rudrappa, son of Late Chikkegowda and Patel Mallegowda and Mogannagowda @ Puttaswamygowda, both sons of Late Nanjegowda, being the eldest members of the respective branches executed a partition deed, marked Exhibit P-1, dividing the joint Hindu family properties inter se the three branches. The validity and legality of the partition deed, Exhibit P-1, is accepted and not under challenge.

3. On 13th March 1969, M.R. Rajashekar, the eldest among five sons of M.C. Rudrappa who had expired 1967, and M.P. Basavaraju, only son of Mogannagowda @ Puttaswamygowda, who it appears had also expired, executed a relinquishment deed, marked Exhibit P-2, of the property admeasuring 6 acres 34 guntas in Survey No. 29, Madenaha