K.S. MUDAGAL, J.

1. The above appeal and cross-objections arise out of the judgment and decree dated 17.08.2005 in O.S. No. 146/1995 passed by the II Additional Senior Civil Judge, Dharwad.

2. Smt. Elizabeth was defendant No. 1 in the suit. On the death of defendant No. 1 the appellant David came on record as defendant No. 1(a) as her legal representative. The cross-objectors are defendant Nos. 3 and 4 in the suit. Subhoda Prakash respondent No. 1 herein filed the said suit against defendant Nos. 1 to 4 for partition and separate possession of his half share in the suit schedule properties.

3. For the purpose of convenience, the parties will be referred to hereafter with their ranks before the trial Court.

4. The properties which are subject matter of the suit are shown in Schedules A to C of the plaint. Schedule A properties are six agricultural lands situated within the revenue limits of Murakatti village of Dharwad taluk; Schedule B property is the site bearing C.T.S. No. 2/27A measuring 407 and 3/3 sq. yards with a building thereon situated in Jaynagar, Hubli; Schedule C properties are the movables, like furniture, electronic goods, etc.

5. The plaintiff contended that him