JUDGMENT :

This second appeal is filed by the plaintiff in Original Suit No.216 of 2006 on the file of the Senior Civil Judge and JMFC, Doddaballapura decreeing the suit of the plaintiff, whereby the defendant No.2 has preferred Regular Appeal No.181 of 2012 on the file of the IV Additional District and Sessions Judge at Doddaballapura, Bangalore (Rural) District, wherein the appeal came to be allowed by setting aside the judgment and decree passed by the trial Court. Being aggrieved by the same, plaintiff has filed this second appeal.

2. For the sake of convenience, the parties in this appeal are referred to as per their status before the trial Court.

3. The plaint averments are that the plaintiff and defendants constitute Hindu Undivided Joint Family and late Veeranna and the first defendant-Nagamma, were the parents of the plaintiff and defendants No.2 to 6. It is the case of the plaintiff that the property bearing Survey No.1/9, 63/1, 63/5, 64/2, 69/5, 69/7, 71/6 and 75/3 situated at Channaveranahalli, Doddaballapura Taluk; and another property bearing survey No.51/2 at Halekote village, Doddaballapura Taluk and the house property situated at Channaveranahalli, as well as, the vacant site No.9 in Survey No.8 situated at Bangalore (North) Taluk, are the ancestral and joint family property of late Veeranna and except property bearing survey No.51/2 and the vacant site bearing No.9 in survey No.8 of Hebbal which are purchased in the name of the second defendant out of the joint family funds, all other properties have been fallen to the share of Veeranna in partition that took place in the year 1950 between late Veeranna and his brother. It is further stated in the plaint that the property bearing No.9 in Survey No.8 of Hebbal was purchased in the year 1978 and the property in survey No.51/2 of Halekote was purchased in the year 1983, both in the name of the second defendant, from out of the joint family funds. It is further averred in the plaint that Veeranna died on 17th June, 2001 and the second defendant has executed an agreement dated 19th August, 2004 to the effect that properties are being commonly enjoyed by all the members of the joint family. It is further stated in the plaint that as defendant No.2 is taking advantage of the documents pertaining to survey No.51/2 and vacant site No.9 in Survey No.8 at Hebbal, which are acquired out of the joint family funds, the plaintiff has filed Original Suit No.228 of 2005 against the second defendant for relief of mandatory injunction seeking dispossession from the second defendant in respect of property No.84 situated at Channaveranahalli, which has been purchased by the father of the plaintiff (late Veeranna) by his self-efforts and the same has been given to the plaintiff; and the said suit is pending consideration before the competent Court. It is further stated in the plaint that the plaintiff being eldest son of late Veeranna, was looking after the entire family affairs and subsequently, the second defendant has been authorised to manage the joint family affairs. It is further stated that the second defendant made money out of the joint family property and is trying to misuse the joint family property and as the second defendant was not inclined to divide the property and as such, the plaintiff has filed Original Suit No.216 of 2006 on the file of Senior Civil Judge and JMFC, Doddaballapur seeking partition of 1/6th share in all the suit schedule property. During the pendency of the suit, defendant No.1-Nagamma died. Defendants No.2 to 3 and 6 entered appearance. The second defendant filed detailed statement denying the plaint averments and submitted that the plaintiff was working in John Polal Pvt. Ltd. and retired from service and further submitted that plaintiff has severed from the joint family status of late Veeranna. It is further averred in the written statement t