08.12.99 Passed In O.S.No.216/97 on the file of the Prl. Civil Judge (Jr.Dn), Chitradurga.)

1. This is the defendants' second appeal against the judgment and decree of the lower Appellate Court, which has decreed the suit of the plaintiffs' for partition and separate possession and for legitimate share in the suit schedule property after setting aside the decree of the Trial Court, which has dismissed the suit.

2. For the purpose of convenience, the parties are referred to, as they are referred to in the plaint.

3. The subject matter of the suit is, six items of the agricultural land and one item of house property situate at Kasaba Hobli, Chitradurga Taluk (for short, hereinafter referred to as 'the suit property').

One Gallappa is the Prospietus. He has two sons by name Kariyappa and Sanna Chikkappa. Kariyappa was married and the plaintiff is his only daughter. Sanna Chikkappa was also married and having two sons, namely, Ramakrishnappa and Pathalingappa and a daughter by name Jayamma. They are defendant Nos. 1 to 3 in the suit. All the suit properties belong to Gallappa. On his death, he left behind his two sons Kariyappa and Sanna Chikkappa. Originally, the mutation