S.R. Nayak, J.—This appeal preferred by the defendant in the suit arises out of the judgment and decree dated 28.2.1997 passed in O.S. No. 188 of 1991 on the file of the Court of the II Addl. Civil Judge, Mysore. The Court below has decreed the suit for partition and separate possession of the share of the plaintiff who is respondent is this appeal in the suit schedule properties. The plaintiff filed the suit for declaration that she is entitled for half share in item No. 1 of the suit schedule property and two-third share in item nos. 2 and 3 of the suit schedule properties and for partition of the same by metes and bounds and to put her in separate possession of the same and also for directing an inquiry regarding future mesne profits.

2. The facts set out in the plaint, in brief, are as follows:

Sri M.N. Balaraje Urs was the absolute owner of the suit schedule properties and he died on 17.6.1930. At the time of his death, he was the sole surviving coparcener of the family. He left behind his wife Smt. Lingajjammanni and his daughter Kunanda Nagaraje Urs, the plaintiff. He had executed a Will dated 13.6.1930 produced and marked as Exhibit-P.2. which was commenced on 9.6.193