( 1 ) THIS appeal by the plaintiffs is directed against the judgment and decree dated 28-1-1975 passed by the Civil Judge, bagalkot, in R. A. No. 9/72 on his file allowing the appeal on reversing the judgment and decree dated 24 1 1972 passed by the Munsiff, Mudhol in O. S. No. 24/70 on his file decreeing the suit of the plaintiffs as prayed for.

( 2 ) PLAINTIFFS instituted a suit for partition and separate possession of their share along with mesne profits. According to the plaintiffs, the propositus of the family was one Mageppa. He had two sons, namely, Gurappa and Parappa. After the death of Mageppa, his sons Gurappa and parappa lived jointly and enjoyed the suit property jointly. Gurappa, being the elder, was managing the joint family. Gurappa died on 29 -11-1933 leaving behind his son Mallappa, arrayed as first defendant in the suit. After the death of gurappa, Mallappa and Parappa lived jointly and enjoyed the suit property jointly till the death of Parappa. Parappa died on 8-1-19-12, Plaintiff No. 2 is the widow of Parappa. After Parappa's death, mallappa and Laxmawwa lived together till about the year 1960. Thereafter they did not pull on well together. L