( 1 ) THIS appeal by defendants in O. S. No. 92/1993 on the file of the Civil Judge (Sr. Dn.), Chickmagalur, is directed against the judgment and decree dated 11-6-1998.

( 2 ) THE essential facts of the case leading up to this appeal with reference to the rank of parties before the trial Court are as follows :the plaintiff filed the suit, O. S. No. 92/ 1993 on 26-8-1993 for partition of the suit schedule properties by metes and bounds and to deliver his 2/11th share in the schedule properties and for a direction to enquire into mesne profits from the date of suit till the date of realization. The suit schedule property comprises of 2 house properties situate in Chickmagalur. It is averred in the plaint that: the plaintiff and defendants are the children of Gulame Ghouse Khan (hereinafter referred to as "g. G. Khan"), who was working as a driver; he died on 27-9-1964 at Chickmagalur; G. G. Khan had married Smt. Khuthejabi of Kapu in south Canara District and out of the said wedlock of G. G. Khan and Smt. Khuthejabi, the plaintiff was born; after the death of the mother of the plaintiff Khuthejabi, G. G. Khan married Smt. Ayesha of Tumkur and she died within 15 days