JUDGMENT

1. Captioned second appeal is filed by unsuccessful defendant No.2, who is questioning concurrent judgment and decree of the courts below wherein respondent No.1- plaintiff is granted half share in item No.35/1 property. Respondent No.1-plaintiff filed a suit for partition and separate possession in O.S.No.56/2002. The relevant genealogy of the family is as under: Shiddappa (Dead) Yallavva Basappa Guddappa (Deft.No.1) (Plaintiff)

2. The respondent No.1-plaintiff specifically contended that schedule 1(A) properties, which is agricultural lands bearing survey No.57/3 measuring 1 acre 23 guntas and survey no.56/1 measuring 3 acre 20 guntas are joint family ancestral properties. After the death of plaintiff's father Shiddappa, defendant No.1 i.e. vendor of appellant/defendant No.2, was managing the family affairs as a Karta. It was further contended that suit lands at schedule 1(A) were jointly cultivated by plaintiff and defendant No.1. It was specifically contended that out of the income derived from the ancestral properties and also out of joint earnings, suit schedule 1(B) property bearing Survey no.35/1 was purchased in the name of defendant No.1. The respondent-plaintiff