( 1 ) THIS appeal by the first defendant, is preferred against the judgement and decree dated 19/11/1991 passed by the learned Second Additional Civil Judge, Mysore in O. S. No. 398/1987.

( 2 ) THE first respondent-plaintiff filed the aforesaid suit for partition and separate possession of his 6/20th share in the suit schedule properties.

( 3 ) IN this case, the relationship between the parties is not in dispute. It is also not in dispute that the suit schedule properties are the joint family properties. The relationship between the parties is as follows.

( 4 ) LINGEGOWDA died in 1967. He had three sons - Papanna, Ramanna, Madappa and two daughters - Madamma and Puttatayamma. Papanna is defendant No. 1, Madappa-plaintiff, Madamma-defendant No. 10 and Putta-Thayamma-defendant No. 11. Ramanna died on 12-6-1986 leaving behind him, his widow - defendant Nos. 2, 7 children who are defendants 3 to 9.

( 5 ) THE defence of the defendants was that Madappa the plaintiff went out of the family as he was taken as an illatom son-in-law by one Kaliah and he was married to the second daughter of Kaliah. Under the agreement between the parents of the plaintiff and the illatom adopt