( 1 ) THIS appeal is preferred by the appellants who were the plaintiffs in the trial court against the judgment and decree dated 18-10-1982 passed by the principal district judge, belgaum, in r. a. No. 19 of 1981 allowing the appeal and setting aside the judgment and decree dated 31-3-1981 passed by the principal civil judge. Belgaum, in o. s. No. 28 of 1968.

( 2 ) I have heard the learned counsel for the appellants and the learned counsel for the respondents and perused the records of the case.

( 3 ) THE plaintiffs filed a suit for partition and separate possession of their 2/5 share in the suit schedule properties referred to in schedule-a for partitioning by metes and bounds on the averments that one gousmia who was the common ancestor of the plaintiffs and the defendants and owner of those properties died leaving behind him khanjabi, imamsaheb and khadarsaheb. The plaintiffs are the sons of khadarsaheb whereas the defendants are the heirs of imamsaheb. The case of the plaintiffs is that on the death of gousmia, imamsaheb got 2/5 shares, khadarsaheb got 2/5 share and khanjabi got 1/5 share and imamsaheb died on 11-12-1965 leaving behind his widow maktumbi the 13