This regular first appeal has been heard afresh pursuant to the directions issued by the Hon’ble Supreme Court in Civil Appeal No.67/2016, dated 04/01/2016.

2. This appeal is filed by the defendants, in O.S.No.456/1988, being aggrieved by the judgment and decree passed by the III Additional Civil Judge, Bijapur, dated 29/06/1996. That suit was filed by the respondents/plaintiffs seeking the relief of partition, separate possession and declaration.

For the sake of convenience, the parties herein shall be referred to, in terms of their status before the trial Court.

3. The respondents/plaintiffs filed the suit in respect of two landed properties bearing RS.Nos.116 and 246, measuring 28 acres 30 guntas and 28 acres 11 guntas, respectively situated at Bidarkundi Village and suit houses bearing MPC Nos.75 and 76, (hereinafter referred to as “the suit schedule properties”). According to the plaintiffs, one Imamsa was the original propositus, he had two sons namely, Chandsa and Lalsa. Lalsa, the second son of the original propositusImamsa, died long ago without having any legal heirs. Chandsa had two wives namely, Anasarama and Rajama. Through Ansarama, Chandsa, begot a son, Nabisa, who is the husband of defendant No.1 and father of defendant Nos.2 to 5. Through his second wife, Rajama, Chandsa had six children namely, two sons who are plaintiff Nos.1 and 2 and four daughters i.e., plaintiff Nos.3 to 5 and one Sahebi, the deceased mother of plaintiff Nos.6 and 7. Chandsa being the elder son of Imamsa, died leaving behind eight legal heirs namely, widow Rajama, three sons and four daughters. Ansarama, his first wife, predeceased Chandsa. Nabisa died on 17/01/1976, leaving behind his legal heirs namely, his widow and sons, defendants in the suit. His widow, Chandama died on 19/09/1988.

4. According to the plaintiffs, the suit lands were formerly walikaraki lands. The family of plaintiffs and defendants was a walikaraki family. In the erstwhile Bombay State, walikaraki lands were continued only with the officiating walikar who usually happened to be the eldest member and they were not partible. Later Bombay High Court held that the suit lands were watan lands and as such they were heritable and partible. Even then the Government of the erstwhile Bombay State did not permit walikaraki lands to be partitioned by metes and bounds and it continued only with the officiating walikar. This state of affairs continued till the reorganization of states and formation of new Mysore State, on 01/11/1956, by which, four districts of north Karnataka i.e., Bijapur, Belgaum, Dharwad and Karwar, were added to Mysore State. After reorganization of State of Mysore, it was renamed Karnataka State on 01/11/1973.

5. That the Karnataka Village Offices Abolition Act, 1961, was enacted, and it came into force on 01/02/1963. (“KVOA Act, 1961”, for the sake of brevity). All village offices and watans including walikaraki watans were abolished and the right to hold such offices and the emoluments attached thereto stood extinguished. The lands annexed to the village office stood resumed by the State Government subject to the right of the holders of the village offices immediately prior to the appointed date i.e., 01/02/1963, being given the right of regrant to them on payment of the occupancy price prescribed by law.

6. According to the plaintiffs the suit lands being former walikaraki lands stood resumed by the State Government on 01/02/1963, under the provisions of the said Act. The suit lands were regranted in the name of defendants by Tahasildar, Muddebihal, on 24/06/1984, and the order of regrant has been confirmed by the learned Additional District Judge, Bijapur, in Misc.No.5/84 on 04/07/1988. That prior to 24/06/1984, there were number of proceedings between the plaintiffs and deceased, Nabisa in the matter of regrant of the suit lands. In some cases regrant was made in the name of Nabisa and in other cases the regrant was made in the joint names of Nabi