( 1 ) THIS first appeal is filed under Section 96 of the CPC by the defendants 1 to 3 in O. S. No. 131 of 1988 on the file of the learned Principal civil Judge, Mandya, decreeing the suit filed by the plaintiff/1st respondent. The parties will be referred to as plaintiff and defendants in the course of this judgment.

( 2 ) THE plaintiff sought for partition and separate possession of his share in the suit schedule properties contending that his father late nanjegowda had three wives namely the 1st defendant-Chikkamma, the late Kempamma and the mother of the plaintiff Boramma who is the 5th defendant in the suit. The defendants 2 and 3 are the daughters of nanjegowda through the 1st defendant-Chikkamma. The defendant 4- bhagyamma is the daughter of late Nanjegowda through his second wife the late Kempamma and defendant 6 is the sister of the plaintiff and daughter of the 5th defendant. It is stated that the plaintiff was born on 14-5-1969 and that the plaintiff and defendants 1 to 6 are the members of a Hindu Joint Family and the suit Items 1 to 16 are the joint family properties of late Sri Nanjegowda and suit Items 17 and 18 are properties acquired out of the incom