K. Somashekar, J.

The appellants, who were the plaintiffs in O.S. No. 17 of 2014 on the file of the Senior Civil Judge and JMFC, Ron, have tiled this appeal challenging the judgment and decree passed by the Court below insofar as it relates to the shares awarded to the plaintiffs-appellants and have sought for awarding l/8th share to each plaintiffs-appellants, that is, total half share to the plaintiffs jointly in all the suit properties.

2. Though the matter is listed for admission, the same is heard on merits with the consent of learned counsel for the appellants.

3. The rank of the parties shall be maintained as they were referred to before the Court below.

4. The factual matrix of the case are as under:

That one Sri. Mukappa Yallappa Nidagundi had four sons and four daughters by name (1) Doddavallappa, (2) Huchchirappa, (3) Sannayaliappa. (4) Shivamurteppa (defendant No.24), (5) Durgawa (plaintiff No.1), (6) Mahadevi (plaintiff No.3), (7) Sannadurgawa (plaintiff No.4) and (8) Sundrawa. Smt. Sundrawa is no more and plaintiff No.2 is her grand-daughter. As per the genealogy furnished by the plaintiffs in paragraph No.3 of the plaint, defendant Nos.l to 7 are the children of Sri. Doddayallappa and his wife Smt. Durgawa; defendant Nos.9 to 10 and 14 to 19 are the children and defendant No.8 is the wife of Sri.Huchchirappa; defendant No.11 is the wife and defendant Nos.l2 to 13 are the children of Sri. Prakash who is the deceased son of Sri. Huchchirappa; defendant No.20 is the wife and defendant Nos.21 to 23 are the children of Sri. Sannayallappa.

It is contended by the plaintiffs that the suit land beating Sy.No.76/7 measuring 2 acres 10 guntas situated at Unachageri village was tenanted land. That the land was granted to Sri. Mukappa along with the land bearing Sv.No.302/1. Sri. Mukappa got converted both lands into old tenure through the Deputy Commissioner Dharwad, on 04th September 1972. Accordingly, his name was entered in the RTC. Sri. Mukappa died on 31st January 1982. After his death, even though all the four sons and four daughters inherited the said land, only the name of the sons of Sri. Mukappa was entered with the consent of daughters of Sri. Mukappa. The plaintiffs have alleged that though Sri. Huchchirappa got his name entered in the revenue records in respect of the said land on the basis of varadi, Sri. Huchchirappa had not acquired any right, title and interest in the land through such varadi. After the death of Sri. Huchchirappa, the names of his sons came to be entered. Even though the names of children of Sri. Huchchirappa came to be entered in the RTC, the suit land continued to be the joint family property of all the sons and daughters of Sri. Mukappa. Accordingly, it is contended that the plaintiffs and defendants are in joint possession of the suit land.

The plaintiffs further contended that remaining properties shown in 'B' schedule are also Hindu joint family properties of themselves and the defendants. That they have got share in all the schedule properties. Since, the defendants refused to give their share, the plaintiffs were constrained to file the suit.

5. Subsequent to the sendee of summons, defendant Nos.9, 10 and 15 to 19 appeared through their counsel and the remaining defendants did not appear. Therefore, the remaining defendants were placed exparte. The defendant No.8 died during the pendency of the suit and her legal representatives namely defendant Nos.9 and 10 were already on record. The defendant No.9, who was the only contesting defendant in the suit, filed his written statement.

6. Defendant No.9 in his written statement contended that the suit land bearing Sy.No.76/7 was the self-acquired property of Sri. Mukappa. In the year 1980, Sri. Mukappa gave the suit land bearing Sy.No.76/7 to Sri. Huchchirappa under a family partition in the presence of elders. Accordingly, the name of Sri. Huchchirappa came to be entered in the revenue records in respect of the suit land. Sri. Huchchira