( 1 ) THIS is plaintiff's second appeal arising out of O. S. No. 748 of 1971 filed by him in the Court of the Principal Munsif, Mysore.

( 2 ) THE undisputed facts giving rise to the suit of the plaintiff may be stated as follows. The plaintiff and one Ugrappa were brothers. The property abutting Sayaji Rao Road, Mysore, belongs jointly to them. Ramachandra Rao whose wife and son are the defendants, occupied the entire building as a tenant. The entire building consists of shop portion and residential portion. On 1-5-1935 partition of the property took place between the plaintiff and Ugrappa. Southern half portion was allotted to the share of the plaintiff. The whole building had only one lavatory and that lavatory is still in existence. That is in the portion that has fallen to the share of the plaintiff. On 15-9-1937 Ramachandra Rao purchased Ugrappa's share under a registered sale deed Exhibit D-3. The plaintiff filed O. S. No. 498 of 1940-41 praying far eviction of Ramachandra Rao from the property that had fallen to his share and for arrears of rent. The suit was decreed as per Exhibit P-7 for possession also. The plaintiff took possession on 16-10-1942 under Ex