( 1 ) THESE two appeals arise out of a suit for partition in O. S 58/1975, on the file of the Civil Judge, Puttur (D. K. ). R. F. A. 37/1976 is filed by the fifth defendant and R. F. A. No. 72/1976 is filed by the first defendant. These appeals can be disposed of by a common judgment.

( 2 ) FACTS, in brief are, S. K. Abbas (plaintiff) filed a suit for partition claiming 2/12th share in properties in Schedule-A and B, annexed to the plaint. Properties in 'a' Shedule are irnmoveable properties ; properties in 'b' Schedule are moveables like utensils, he- buffaioes, bullocks, etc. Relationship between plaintiff and defendants, is not in dispute. Defendants 1, 2, 4 and 6 are plaintiff's brothers and defendants 3 and 5 are his misters. Shaikh Abdul gani, father of plaintiff and defendants, died on 29th November, 1973. On the basis of admitted relationship plaintiff claimed 2/12th share, which share, each of the sons of Shaikh Abdul Ghani would be entitled to in law ; Defendants 3 and 5, being sisters, would be entitled to 1/12th share each. Plaintiff sought for a decree in the above terms.

( 3 ) DEFENDANT-1 (Appellant) contested the suit ; his contention was, that Shai