JUDGMENT :

1. This appeal is directed against the judgment and decree dated 30th August, 2014 passed by the II Additional Senior Civil Judge at Mysore in OS No.54 of 1997, whereunder suit filed by the respondents No.1 and 2 herein against the appellants as well as respondents No.3 to 5 for partition and separate possession claiming 1/5th share came to be decreed in part namely in respect of item No.1 of suit schedule properties.

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

3. The plaintiffs filed suit OS No.54 of 1997 seeking partition and separate possession claiming one-fifth share in respect of suit schedule properties by metes and bounds. Plaint schedule properties consisted three immovable properties which is described as items No.1 to 3 respectively in the plaint and item No.4 is the movable property. First plaintiff is the mother of second plaintiff and first defendant is the mother-in-law and grand-mother of plaintiffs 1 and 2 respectively; and other defendants are the sisters-in-law and brothers-in-law of the first plaintiff. Since plaintiff had filed the suit for partition and separate possession in respect of the plaint schedule properties the genealogical tree of the family consisting of plaintiffs and defendants, is described herein below:

4. The factual matrix of the case as made out in the plaint is as follows:

The husband of the first defendant-Sri Mahadevappa was working at a Private Mill and drawing salary. During his life-time, husband of the first plaintiff-Sri Nagaraju, was residing along with his father and mother i.e. Sri Mahadevappa and the first defendant respectively. The said Sri Nagaraju was initially working at a private Mill and also working at Central Food Technological Research Institute (CFTRI) and it was claimed by plaintiffs that Sri.Nagaraju had contributed his salary/earnings for acquisition of suit schedule properties. It is contended that out of the savings of Sri Nagaraju, his father-Sri.Mahadevappa had purchased the immovable property mentioned in the plaint Schedule at Item No.1 i.e. the house property bearing No.226, 1st Main Road, II Stage, Gokulam, Mysore which was a vacant site and later construction was commenced on the contribution made by said Sri Nagaraju. After the death of Sri Nagaraju, his father-Sri Mahadevappa was inclined to give equal share in an extent of one-third to all sons, however, the said Sri Mahadevappa died in the year 1991 and after his death, defendants No.1 to 5 have taken the signature of the first plaintiff on some blank papers on the ground that her signature was required for reduction of House Tax and also for the purpose of change of khatha. In the meanwhile, the plaintiff No.1 made a demand of her legitimate share in respect of the suit schedule property and as such, the first defendant though initially agreed to allot the same, but, subsequently developed hostile attitude and refused to allot the legitimate share to the plaintiffs who are the legal heirs of the deceased-Sri Nagaraju, the son of the first defendant, and as such, plaintiffs have filed OS No.54 of 1997 on the file of the II Additional Senior Civil Judge at Mysore and sought for one-fifth share in all the suit schedule property by metes and bounds, inter alia sought for enquiry insofar as mense profits are concerned from the date of suit till plaintiffs were put in exclusive possession of their one-fifth share of the suit schedule property.

5. In response to the suit summons issued by the trial court, defendants No.1 to 5 have entered their app