B.V. Nagarathna, J.

1. This Regular Second Appeal is filed by defendant Nos. 2 to 4 in O.S. No. 222/96, assailing judgment and decree passed in R.A. No. 254/2002 by the Addl. Sessions Judge and Presiding Officer of Fast Track Court-I, Davanagere dated 13/09/2007. By that judgment and decree, the appeal filed by the respondent - plaintiff was allowed and the suit filed by her was decreed by setting aside the judgment and decree passed in O.S. 222/96 on 21/11/2002. For the sake of convenience, parties shall be referred to in terms of their status before the trial Court.

2. Respondent-plaintiff filed the suit seeking relief of partition and separate possession of the suit scheduled property consisting of land bearing Sy. No. 41/2, measuring 7 Acres 35 Guntas inclusive of 10 Guntas of kharab situated at Obajjihalli village, Davanagere Taluk and District.

3. The case of the plaintiff is that she is the younger sister of defendant No. 1. Their father was Nooni Satyanarayana. That the suit scheduled property was owned by one Kotramma and apart from the suit scheduled property, the total extent of Sy. No. 41, measured 15 Acres. That the said Kotramma sold 7 Acres 35 Guntas of land i