( 1 ) THIS appeal is filed against the Judgment and Decree dated 18-8-98 in r. A. No. 23/88 on the file of the II Addl. District Judge, Mangalore, D. K. , arising out of the Judgment and Decree dated 15-6-88 in O. S. No. 259/81 on the file of the II Addl. Civil Judge, Mangalore.

( 2 ) THE apellants are the defendant Nos. 4 and 15 before the trial Court. The first respondent filed a suit for partition and possession in the suit schedule properties consisting of agricultural lands and moveable properties. One Thimmanna Naika and the deceased first defendant are the parents of plaintiff and defendants 2 to 7. Defendants 8 to 10 are the L. Rs. and children of deceased defendant No. 3 and defendants 11 to 14 are the L. Rs. and children of deceased defendant No. 5.

( 3 ) DURING the lifetime of Thimmanna naika, there is a partition amongst thimmanna Naika and his sons, the suit properties were allotted to the share of thimmanna Naika. After his demise, the plaintiff claims a share in the suit properties. The contesting defendants are defendants 4 and 15, who are the father and son. During the lifetime of Thimmanna Naika, he executed a sale deed in favour of the 4th defe