This second appeals by the plaintiffs being aggrieved by the judgment and decree passed by the I Additional Sessions Judge, Mangalore in R.A No. 42 of 1989 in confirming the Judgment and decree passed by the Civil Judge and Judicial Magistrate First Class, Puttur in O.S. No. 36 of 1984.

2. Plaintiffs filed a suit for cancellation of sale deed dated 27-2-1981 executed by defendants 1 and 2 in favour of defendant 3 and for partition of plaint 'E' schedule properties. According to the plaintiffs, they along with defendants 1 and 2 are governed by Hindu School of Mitakshara jaw The propositus one Vasudev Naik died in the year 1972 leaving behind plaintiffs 1 and 2 and defendants 1 and 2. Plaintiff 1 is the son and plaintiff 2 is the daughter of Vasudev Naik and defendant 1 is the wife and defendant 2 is the son of Vasudev Naik and their family had certain immovable properties as described in 'E' Schedule. In the year 1962 the suit Schedule 'C' properties were allotted to the branch of plaintiffs' father in the registered partition deed dated 1-9-1962 and as such, the 1st plaintiff and the 2nd defendant are each entitled for 5/12th share and 2nd plaintiff and 1st defendant are