1. These two appeals are filed by 1st defendant and plaintiff in OS.NO.200/1996. The said suit was filed by plaintiff Dr. Premachandra Shenoy for the relief of partition by mesne and bounds, for separate possession of plaintiff’s share and for the relief of mesne profits and consequential benefit. The said suit came to be allowed partially by judgment and decree dated 8.7.1999. The plaintiff being aggrieved by rejection of portion of his prayer has come up in appeal against the same in RFA No. 784/1999. The 1st defendant in the said suit being aggrieved by the partial decree granted in favour of plaintiff has challenged the same in RFA No. 782/1999. Both appeals are taken up together for consideration since they arise out of common judgment.

2. The parties to both appeals being common, to avoid confusion in their identification with reference to each of the appeal they are referred to by their respective rank in the original suit for the sale of convenience.

3. Brief facts leading to this appeal are as under: (a) Plaintiff, defendants 1 to 3 are sons of Krishna Shenoy, 4th defendant is his widow and defendants 5 to 11 are his daughters. The contention of pl