A.V. Chandrashekara, J.

1. Plaintiff of O.S. No. 113/98 which was pending on the file of the court of II Addl. Civil Judge (Jr. Dn.), Belgaum, is before this Court by filing an appeal u/S. 96 of CPC. Suit filed by him for the relief of partition and separate possession of an immovable urban property bearing CTS No. 340 measuring in all 138.79 sqmts in the city of Belgaum, has been decreed in part granting 4/9th share only to the plaintiff and 2/9th share + 1/3 share to defendant No. 1-Tabassum. It is this judgment and decree which is called in question on various grounds as raised in the appeal memorandum amongst other grounds.

2. Appellant is the plaintiff in the said suit. First respondent is the first defendant and remaining respondents herein are the defendant Nos. 2 to 6 in the said suit. Parties will be referred to as plaintiff and defendants as per their ranking given in the trial Court.

3. Facts leading to the filing of the suit before the trial Court in O.S. No. 113/98 are as follows:

"Khatunbi was the mother of plaintiff and first defendant and deceased Mohammed Yusuf who was the husband of defendant No. 2 and father of defendant Nos. 3 to 6. Suit schedule properties