The appellant who was defendant No.1 in the suit is challenging the judgment and decree passed by the XXII Additional City Civil Judge, Bangalore on 30th July 2003 in O.S.No.6062/1999.

2. The brief facts leading to this appeal are:

The plaintiff and the appellant-defendant No.1 are the children of one Anantha Bhatta who died on 22-11-1986. The second defendant is the minor son of the first defendant. Mother of the plaintiffs and defendant No.1 predeceased their father and she died in the year 1985. According to the plaint averments, Late Anantha Bhatta had possessed vast properties he under an allotment of his share at partition drawn on 14-2-1971. Anantha Bhatta had also possessed a Coffee Estate and he was also getting income from aracanut garden. He was a permanent resident of Koppa in Chikkamagalur District and he was looking after the lands and rarely he used to stay at Bangalore in the house set up by him at Shankar Mutt. The first defendant married in the year 1974 and later he secured a job as Clerk in the year 1977 at Vijaya Bank. According to the plaint averments, the first defendant was not contributing his income towards the maintenance of the family and that h