JUDGMENT

Neranahalli Srinivasan Sanjay Gowda, J. - This is a second appeal filed by the first defendant.

2. It is not in dispute that the plaintiff - Cheluvegowda and defendant Nos. 1 to 3 are brothers and are sons of late Narasimhegowda alias Kullegowda.

3. The suit was instituted for partition contending that the suit schedule property was joint family property of plaintiff and defendant Nos. 1 to 3 and the first defendant being the kartha of joint family, was managing and looking after the suit schedule property. It was stated that earlier Narasimhegowda, the father of the plaintiff and defendant Nos. 1 to 3 was in possession and enjoyment of the suit schedule property and that there had been no partition despite a request being made in that regard.

4. During the pendency of the suit, the sons of Narasimhegowda, the uncle of the first plaintiff got themselves impleaded and they stated that in the year 1959, there was a oral partition between Narasimhegowda and Cheluvegowda and the suit property was being cultivated by Narasimhegowda on a lease.

5. The first defendant - appellant entered appearance and contested the suit. It was his case that the suit property was his separate propert