( 1 ) THE appellant herein was the fifth defendant in O. S. No. 5/1991 on the file of the Civil Judge, Bangalore Rural District. First respondent was the plaintiff. Respondents 2, 3, 4, 5, 6, 7, 8 and 9 were respectively defendants Nos. 1, 2, 3, 4, 6, 7, 8 and 9 in the suit. For convenience, parties will be referred to by their ranks in the suit.

( 2 ) THE first respondent (plaintiff) filed the said suit for partition and separate possession of his share in the joint family properties consisting of 19 items of lands described in schedule A and three items of Houses described in Schedule-B to the plaint. The said suit was filed against his mother (first defendant) three brothers (defendants 2 to 4) and sister (fifth defendant ). Subsequently, defendants 6 to 9 were impleaded on the ground that they were claiming rights over the suit schedule properties.

( 3 ) THE suit as contested by the defendants. The fifth defendant in her written statement submitted that she was entitled to a one-sixth share in the suit schedule properties and prayed for partition and separate possession of her one sixth share by paying the necessary court-fee. The first defendant also filed