JUDGMENT :

N.S. SANJAY GOWDA, J.

1. The brothers, i.e. the plaintiff and the 3rd defendant who supported each other in a suit for partition are in second appeal, challenging the dismissal of their appeal by the Appellate Court.

2. Since both these appeals arise out of a common judgment and decree passed in O.S. No. 640/2004 and R.A. No. 64/2013, they are taken up together for disposal. One Subbaiah had four sons namely:

(i) S. Narayanappa (defendant No. 1)

(ii) S. Appaiah (plaintiff)

(iii) Venkasubaiah (defendant No. 2)

(iv) S. Ramakrishna (defendant No. 3)

3. S. Appaiah had filed a suit seeking for partition and separate possession of property bearing Sy. No. 145/2P2 measuring 2 acres, situated at Kannamangala Village, Bidarahalli Hobli, Bengaluru East Taluk. It was his case that the suit property had been purchased in the name of his elder brother - S. Narayanappa (defendant No. 1) out of joint family funds and it was, therefore, a joint family property. He further stated that since it was a joint family property, he was entitled to 1/4th share in it.

4. S. Narayanappa and Venkasubbaiah (defendants 1 and 2) contested the suit. They contended that there was a partition effected amongst the