( 1 ) THIS appeal by the plaintiff is directed against the Judgment and decree dated 27-11-1974, passed by the Civil Judge, Coorg, Mercara, in regular Appeal No. 53 of 1972 on his file, dismissing the appeal, oh confirming the judgment and decree dated 20-9-1972, passed by the Principal munsiff, Mercara in O. S. No. 76 of 1967 on his file, dismissing the suit of the plaintiff for partition of Bane lands.

( 2 ) THE plaintiff averred that, plaint 'a' and 'b' Schedule properties belonged to them they being bane lands (Privileged tenures of Coorg ). The plaintiff claimed partition and separate possession of his share as also costs of the suit and other ancillary reliefs.

( 3 ) THE defendants inter alia contended that the suit for partition ot bane lands was not maintainable.

( 4 ) A preliminary issue was raised in the suit whether the suit fot partition of bane lands which were part of privileged tenures of Coorg was maintainable. The learned Munsiff, on hearing the arguments of the learned Counsel appearing for both the parties, answered the issue in the negative and dismissed the suit of the plaintiff.

( 5 ) AGGRIEVED by the said judgment and decree, the plaintiff went up in appeal b

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