( 1 ) THIS appeal is directed against the judgment and decree dated 6-4-1991 passed in o. s. No. 3 of 1987 on the file of the civil judge and judicial magistrate first class, chintamani. In passing the said judgment and decree the civil judge was pleased to decree the suit in part.

( 2 ) I heard the learned counsel for the appellants Sri p. Subba rao and the lecarned counsel for the respondent Sri padubidri raghavendra rao. I have also perused the case records including the case records of the court of the civil judge and jmfc, chintamani, hereinafter referred to for convenience as the civil judge.

( 3 ) THE brief facts of the case are as follows : the appellants here in are the l. rs of the original plaintiff by name k. r. rajalakshmi devi. The appellants 1 and 2 are her sons and the appellant 3 is her husband. The original plaintiff-raj alakshmi devi died on 26-12-1987 during the pendency of the suit. She had filed originally o. s. No. 5 of 1973 before the court of civil judge, kolar, as against her brother chandrashekar, the respondent herein. When she had so filed the suit, the appellant 3 herein was arrayed as defendant 2. In the meantime, the said o. s. 5