The legal implications of a memorandum of partition and the burden of proof for permissive possession and adverse possession were central to the judgment.

( 1 ) THE present case stares as glaring example of the laws delay denting the image of the system. The litigating parties almost have completed the substantial life span and the litigation is almost at the verge of celebrating golden jubilee.

( 2 ) THE names of the ancestors are bit confusing because several persons bear similar names. One Venkappa is the propositus dies leaving behind two sons by name Venkappa and Ganpaiah @ sannappa. The first son Venkappa has two sons by name Dodda Venkappa and naranappa. The progeny of the latter becomes extinct. Dodda Venkappa adopts the plaintiffs father who is none other than the natural brother of the first defendant. In the branch of Ganapaiah @ Sannappa there are three sons namely (1) Devappa (2) Sanna venkappa. (3) Thimmaraya who died issue-less. The children of Devappa branch remained separate. The first partition in the family takes place in the year 1885 granting shares to Dodda Venkappa, Devappa and sanna Venkappa. The plaintiffs father was taken in adoption by Dodda Venkappa. During minority of plaintiffs father Annalah, dodda Venkappa died. The natural mother of Annalah predeceased her husband thereby his natural father becomes disinterested in worldly activities. Uncle Devappa takes over the management of properties of sannappa and Dodda Venkappa and so also takes care of minor Annaiah (father of the plaintiff) and minor children of Dodda venkappa.

( 3 ) THE division of properties made in the registered deed of 1885 is kept intact during the management of Devappa. After annaiah attaining majority in the year 1905 devappa redelivered the possession of the properties to Annaiah under registered document Ex. 45. without mix-up or amalgamation of the divided property between dodda Venkappa and Sanna Venkappa. As per the recitals in Ex. 45 Devappa constructed 24 Ankanas house. 12 Ankanas was delivered to Annaiah. The said house is shown to be constructed in the area of sy. No. 109 that had fallen to the share of dodda Venkappa. The rest of the 12 ankanas of the house is taken by Devappa. In the year 1925 Annaiah dies. The plaintiff was still a minor. The first defendant who is the natural brother of Annaiah takes over the management of the estate and takes care of the plaintiff who was a minor. The facts till this stage are not in controversy.

( 4 ) IT is the contention of the plaintiff that during the life time of his father during 1923-24. the first defendant who had become major by then starts residing separately by constructing a house in survey No. 109/1. In the year 1925, the father of the plaintiff dies. The first defendant comes back with his family, lives with the plaintiff in the suit house manages the property of the plaintiff and they continued to live together till 1940s. According to plaintiff since the differences arose, the first defendant resided separately in his house in survey No. 109/1. Somewhere around the year 1945-46. it is said that the house of first defendant in survey no. 109 collapsed. Therefore for a temporary accommodation, the first defendant and his family was permitted to stay in the portion of the suit house which measures around 6 Ankanas until the first defendant reconstructs his house. The first defendant does not take up construction forthwith despite repeated requests. Ultimately in the year 1949, it is said that first defendant refused to vacate. Therefore the suit came to be filed for possession of the suit house.

( 5 ) THE defendants 2 to 5 are the wife and children of the first defendant. In their written statement, contend that in the year 1940, the partition take place between him self and the plaintiff and there was division and allotment of properties between them and a report to the revenue authority is also submitted to that effect. The theory of permissible possession is denied. The contention that the defendant had constructed house in survey No. 109/1 and lived there for some time and after it fell down he wa