This appeal is at the instance of the plaintiff Suit is one for partition and separate possession in respect of Schedules 'B', 'C' and 'D' properties to the plaint and plaintiff claims 3/8th share and also seeks rendition of accounts or mesne profits from defendant 1 from 1-9-1989.

2. Facts as narrated in the plaint are as under:

Plaintiff and defendant 1 are sons of late Annayya Shetty. They formed joint family with their late father Annayya Shetty. They are governed by Mithakshara law of Inheritance and Succession. Plaintiff's father died in or about 1979 as undivided member of the family. So his 1/3rd share belongs to his legal heirs since wife had pre-deceased him. Annayya Shetty had another son by name Chennappa Shetty who had died and his widow/defendant 5 is impleaded. Annayya Shetty has also a daughter by name Yamuna. She was the mother of defendant 4. Defendants 2 and 3 are his daughters. Plaintiff was in military services for about 8 years. He was discharged from the army on account of intermittent depression. After the death of the father, defendant 1, being the eldest son, continued to reside in the main family house and has been in possession and enjoyment of