1. Appellants, along with one Ramappa, son of Nanjappa, jointly instituted OS No.246/2000 before the Additional Civil Judge [Jr. Dn..], Kolar, arraigning respondents 1 to 7 as defendants 1 to 7, for declaration, partition and separate possession of the suit schedule properties, alleging existence of a joint Hindu Undivided Family with ancestral properties. Appellants 1 and 2 asserted to be female heirs of the Propositus by name Nanjappa, residing with respondent No.8 - Ramappa and Defendants 1 to 7, in a joint family.

2. The suit was resisted by filing written statement of Defendants 5 to 7, inter alia, contending:-

(i) the plaintiffs are not members of the Hindu Undivided Family;

(ii) the suit schedule properties are not joint family properties;

(iii) the 4th defendant was not the Kartha of the joint family;

(iv) Nanjappa's five Narayanappa, sons, namely, MuniswamappaChannappa, Byrappa and Ramappa, together constituted a joint Hindu Undivided Family, of which Nanjappa was the 'Manager' and the family possessed ancestral properties described in suit schedule, more appropriately suit items:

(1) Sv.No.46/5 measuring 20 guntas of Balageri;

2(1) Sy.No.3/2 measuring 3 acres 1 gunta of Mylandahalli;

2(3) Sv.No.9/1 measuring 5 guntas of Mylandahalli;

2(5) Sy.No.78/1 measuring 3 guntas of Mylandahalli; three house properties and one vacant site at Mylandahalli,

2(2) Sy.No.63 measuring 1 acre 9 guntas at Mylandahalli;

2(4) Sy.No.9/3 measuring 10 guntas;

2(6) Sy.No. 104/3 measuring 21 guntas; and

2(9) Sy.No.71, measuring 1 acre 26 guntas of Mylanaahalli; were the separate acquisitions of the defendants;

(v) the first son by name, Narayanappa died during the year 1958 and during the lifetime of the Propositus-Nanjappa, in the year 1960, the other sons by name Muniswamappa, Channappa and widow of Narayanappa, namely, Varalakshmamma, at a Panchayat divided the ancestral properties, whence, each secured 1 / 5th share and thereafterwards, having taken separate residence are enjoying their shares, independently;

(vi) neither Nanjappa nor his wife Chowdamma took any share in the partition, but continued to live under the care and protection of their son Byrappa until death of Nanjappa during the year 1961, whereafterwards, Byrappa and Ramappa the 3rd plaintiff continued to live in joint by enjoying the remaining two Hissas of ancestral properties and income derived there from;

(vii) from out of the income so derived, Suit item 2(6) being Sy. No. 104/3 measuring 1 acre 2 guntas, of Kurubur Amanikere, being 21 guntas, was purchased by Byrappa and Narayanappa S/o. Banappa, each, from Venkatareddv under a registered sale deed dated 28.6.1963;

(viii) Byrappa acquired suit item 2(4) being land in Sy,No.9/3 measuring 10 guntas of Mylandahalli, under registered sale deed dated 28.06.1963 from Venkatareddy;

(ix) Suit item 2(2) in Sy.No.63 measuring 1 acre 9 guntas of Mylandahalli from M.Abdul Sab under registered sale deed dated 8.11.1965;

(x) that Ramappa and Byrappa, divided their properties through panchayathdars in December 1963 and each obtained 1 /5th share in the ancestral properties and one half share in the joint family properties in Sy. No. 104/3;

(xi) consequent upon the partition on 28.6.1971, Ramappa conveyed all his properties in favour of Byrappa through a registered sale deed of even date for valuable consideration and put him in possession and left the village to settle at Chaldiganahalli, Srinivaspur Taluk, whereafterwards, Bjrrappa alone is in possession and enjoyment of the said properties as absolute owner;

(xii) Byrappa purchased suit item No.2(9) being land bearing Sy. No.71 measuring 22 guntas out ol 1 acre 26 guntas situated at Balagere Village from one Musthafa Beig and his son Ismail Beig under a registered sale deed dated 29.12.1972;

(xiii) Smt. Varalakshmamma, for herself and as guardian for her minor children plaintiffs 1 and 2, released all rights in the immovable properties fallen to the share of her husband late