( 1. ) BOTH these appeals arise out of the judgment and decree in O. S. No. 10/1994 dated 19th August 1997 on the file of 1st Additional Civil Judge (Sr. Dn.), Dharwad. R. F. A. No. 734/1997 is by the defendants-1 to 4, R. F. A. No. 755/1997 is by the plaintiff.

( 2. ) PARTIES will be referred to as per their ranking in the trial Court. Suit is one for partition and separate possession of l/6th share by metes and bounds.

( 3. ) PLAINTIFF is the mother of defendant Nos. 1 and 5. Defendant Nos. 2 and 4 are children of defendant No. 1. The genealogy of the family is as under : Venkanagouda Patil died on 24-1-1964, leaving behind the plaintiff-wife, defendant no. 1 - son and defendant No. 5 - daughter. After the death of Venkanagouda Patil, defendant No. 1 relinquished his right, title and interest over the suit property in favour of his then minor sons - defendant Nos. 2 to 4 by means of mutation entry No. 2507. Accordingly, the names of defendant Nos. 2 to 4 were mutated in the record of rights both to the agricultural lands and the house properties. It is because of the said entry in the record of rights, defendant Nos. 2 to 4 are also made as party to the suit.

( 4. ) PLAINT