N. Kumar, J.

1. This appeal is preferred by the 3rd defendant challenging the judgment and decree passed by the Trial Court decreeing the suit of the plaintiff as prayed for. The 11th respondent in this appeal, who is the purchaser of 'B' schedule property has preferred a cross-objection challenging that portion of the judgment and decree, which affects her interest. Therefore, both the appeal and the cross-objection are taken up for consideration together and disposed of by this common judgment. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

2. The case of the plaintiffs is that Sri P. Narasimhaiah alias Appaji Gowda is the owner of the plaint schedule properties. The 1st defendant claims to be the first wife i.e., the legally wedded wife of Sri P. Narasimhaiah. Defendants 2 and 3 are his sons through his first wife. Defendants 5 to 8 are his daughters through his first wife. During the subsistence of the marriage with the first wife, concealing the said fact, he married the 1st plaintiff on 24-11-1967. Plaintiffs 2 to 4, daughters were born to him through the second wife. It is the further case of the plaintiffs that Sri P. Narasimhaiah was carrying on the avocation of Excise Contractor. He had earned the properties both movables and immovables. He had obtained licence at different places of the State like Shimoga, Ranibennur, Chitradurga, Magadi etc. and the 1st plaintiff was residing with him at those places and he was performing his marital obligations with the 1st plaintiff. Sri P. Narasimhaiah, died on 15-5-1979 at C.M.C. Hospital, Vellore, Tamil Nadu. After the death of Sri P. Narasimhaiah, defendants took the control of his properties. Sri P. Narasimhaiah had deposited a sum of Rs. 16,50,000/- in the office of the Deputy Commissioner, Bangalore towards his licensing fee of obtaining contract to deal with excisable items. The 1st defendant by misrepresentation and by practicing fraud obtained the signature of the 1st plaintiff, on a white paper and has utilised the same to claim refund of deposit from the Deputy, Commissioner and thereafter misappropriated the said amount. Plaintiffs have been claiming their legitimate and rightful share in the schedule properties, from the defendants. The defendants are denying the same on some pretext or the other in giving their legitimate share. Till the end of 1992, the defendants were paying about Rs. 5,000/- to Rs. 7,000/- per annum to the plaintiffs in piecemeal manner, by stating that due to crop and rain failure, only such amount has accrued to their share from the agricultural lands. On 13-6-1994 when the plaintiffs demanded 50% as their share, they were abused. Hence, they were constrained to lodge a complaint with the jurisdictional police. The defendants refused to heed to the advice of the Sub-Inspector. Therefore, they were constrained to file the suit for partition and separate possession of their legitimate 1/10th share in all the plaint schedule properties. In the plaint at Schedule 'A', agricultural lands situated at Harohalli Village, Kanakapura Taluk, Bangalore District are set out. In the Schedule 'B', agricultural lands in Kirangere Village, Harohalli Hobli, Kanakapura Taluk, Bangalore District are set out. In Schedule 'C', the residential three storeyed house building built on Site No. 431 bearing name of "Sathyahari Krupa" in 5th Block, 40th Cross, Jayanagar, Bangalore are set out. In Schedule 'D' property, the particulars of a Benz Car and in Schedule 'E', particulars of a Fiat car owned by Sri P. Narasimhaiah is set out. In Schedule 'F', the amount of Rs. 16,50,000/- deposited by late Sri P. Narasimhaiah with the Deputy Commissioner, Bangalore towards excise licencing deposits, which was received by the defendants is set out. The plaintiffs are seeking half share in all the plaint schedule properties and they also sought for mesne profits.

3. After service of summons, defendants 1 to 3 filed a d