( 1 ) THIS appeal is directed against the judgment and decree passed by the Court of Prl. Civil Judge, Bijapur, in RA. No. 84/1988 dated 25. 6. 1993 confirming the judgment and decree passed by the Court of Prl. Munsiff, Bijapur, in O. S. 181/81 dated 16. 8. 1988.

( 2 ) THE material facts of the case leading upto this appeal with reference to the rank of the parties before the Trial Court are as follows: the plaintiff filed the suit O. S. 181/81 seeking for a declaration that plaintiff has half share in the suit properties and for partition of his share by metes and bounds and to direct defendants to put plaintiff in possession of the said share and for mesne profits and costs. The suit schedule property comprises of land bearing Sy. No. 4 measuring 15 acres 37 guntas, situate at Babalad village in Bijapur Taluk and a house as per the description given in para-2 of the plaint situated in Babalad village in Bijapur District.

( 3 ) IT is averred that the suit schedule property was the Walikarki sites in the land and it is partible. Walikarki has been abolished by the village offices Watan Abolition Act, 1961, which come into force from 1. 2. 1963. It is averred that Yell