( 1 ) THIS Second Appeal arises out of a suit brought by the plaintiff-appellant for a declaration that she is entitled to 1/3rd share in the suit schedule properties and for partition of the same into three equal shares and to put her in separate possession of her 1/3rd share and for mesne profits.

( 2 ) THE plaintiff and defendants 1 and 2 are sisters, being daughters of one Medappa and Honawa. The suit schedule properties, according to the plaintiff, belonged to her mother Honnavva. During the lifetime of her father the properties were being managed by him and after his death, they were being managed bv her brother Kariyappa. P. W. 3 till 1948 and thereafter, for about 5 years the wet lands were lying fallow. The plaintiff was away from Coorg as her husband had been employed. The third defendant is the husband of the first defendant. It appears, during the absence of the plaintiff, defendants 1 and 3 occupied a portion of the wet lands and a portion of 'bane' lands and began to take the income therefrom. Proceedings under Section 145, Criminal P. C. were initiated at the instance of the third defendant on the ground that there was likelihood of breach of peace i