( 1 ) THIS appeal by the first defendant is directed against the judgment and decree passed by the learned II Additional District Judge, Belgaum, in R. A. No. 21/99, dated 17-6-2003, confirming the judgment and decree passed by the learned i Additional Civil Judge (Sr. Dn), Belgaum, in O. S. No. 76/1987, dated 6-4-1999, decreeing the suit of the plaintiffs in part for partition and separate possession of their half share in the Schedule I-A and Sched- ule-II properties.

( 2 ) THE essential facts of the case leading up to this appeal with reference to the rank of the parties before the trial Court are as follows :- the plaintiffs filed a suit O. S. No. 76/87 seeking for partition and separate possession of their half share in the suit schedule properties by metes and bounds. Schedule i consists of two portions, Schedule I-A comprises of 4 items of agricultural lands and schedule 1-B comprises of tenanted lands and Schedule II consists of three household properties and two open sites as described in the Schedule. It is the case of the plaintiffs that one Nagappa, the propositor of the family had three sons viz. , Kallappa, Rama (defendant No. 1) and Mallappa. Plaintiffs 1 to 3 are th

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