This first appeal and cross-objection are directed against the judgment and decree dated 13.04.2005 made by the learned Civil Judge (Sr.Dn.), Chikkodi, whereby the 1st respondent’s suit in O.S. No. 28 of 1992 for partition and separate possession of suit properties was decreed.

2. Parties will be referred to as per their ranking in RFA No. 980 of 2005 for the sake of convenience.

3. The brief facts stated are:

(a) The appellant and respondent No.1 are brothers. Respondent No.1 had filed a civil suit in O.S. No. 28 of 1992 seeking a decree for partition and separate possession of the suit properties inter alia contending that he was defrauded by the appellant. On service of notice, the defendants appeared and filed their independent Written Statements resisting the suit claim. Based upon the pleadings of the parties, the Court below framed initially ten issues and thereafter two more additional issues came to be added which are found at paragraph 7 of the impugned judgment as under:

(i) “Whether the plaintiff proves that the registered partition deed dated 22.12.1971 set-up by the defendant 1 resulting in allotment of the land bearing R.S. No.23 to him (the plaintiff) and the