( 1 ) THIS application is by the original first plaintiff made under Sec. 151 of the Code of Civil Procedure praying for a direction that he be put in possession of 1/2th share in the suit schedule properties after partition by metes and bounds.

( 2 ) THE undisputed facts of the case are that the applicant in IA. No. 1 Mallikarjunaiah and his sister Sarojamma instituted original suit no. 7 of 1965 for partition and possession of. the suit schedule properties. The Court of first instance made a decree declaring that the first plaintiff is entitled to 2/9th share and the second plaintiff is entitled to 1/9th share in the suit schedule properties. The said decree was challenged by shivaramiah, defendant-2 in RFANo. 52 of 1970 in this Court. This court partly allowed the appeal and modified the decree made by the court of first instance. This Court declared that the two plaintiffs together are entitled to 1/2th share ; that defendant-1 is entitled to 1/2th share ; and that defendant-2 is entitled to half share in the suit schedule properties. The suit schedule consists of the properties paying land revenue as also other properties. As regards properties assessed to payment of land reve

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