1. This Regular First Appeal is filed by the legal representatives of plaintiffs No. 2 and 3 being aggrieved of the judgment and decree dated 15th November 2006 in OS No.3578 of 1990 on the file of the I Additional city Civil and Sessions Judge, Bangalore City (CCH-2). The court below by the impugned judgment and decree dismissed the suit for partition, possession and also for the relief of mesne profits.

2. The parties would be referred to their rank in the suit for convenience.

Brief facts of the case are that K. Ramaswamy, is the father of plaintiffs No.1 to 4 and defendant No.1. K. Ramaswamy purchased the plaint schedule property under a registered Sale deed dated 24th September 1953. Said K. Ramaswamy died on 04th July 1969 leaving behind him the plaintiffs and defendant No.1 as his legal heirs. Thereafter, plaintiffs No.1 to 4 and defendant No.1 succeeded to the plaint schedule property. Plaintiffs and defendant No.1 joined together and got executed an oral settlement deed with regard to the partition by metes and bounds. But, later on defendant No.1 did not come forward to act upon it. The defendant No.1 is alone collecting rent from the tenants. Defendants No.2 to 4