JUDGMENT

1. This appeal is filed challenging the judgment and decree of dismissal of the suit dtd. 22/12/2006, filed by the plaintiff seeking the relief of declaration, partition and separate possession in O.S.No.183/2001 on the file of the Civil Judge (Sr.Dn.), Honavar.

2. The parties are referred to as per their original rankings before the Trial Court to avoid the confusion and for the convenience of the Court.

3. The factual matrix of the case of the plaintiff before the Trial Court is that defendant No.4 is his father, defendant Nos.1 to 3 are uncles and defendant No.5 is the aunt of the plaintiff and defendant No.6 is the sister of defendant Nos.1 to 4. It is contended that Hindu Mitakshara Law governs the plaintiff and the defendants. The Land Tribunal, Honavar granted the occupancy rights in respect of suit schedule properties in favour of defendant Nos.1 to 4 and their mother by name, Smt.Gulabi w/o Vishnu Poojari. In pursuance of the said order, Form No.10 came to be issued on 14/3/1983. Accordingly, mutation entry No.979 came to be certified. It is his contention that all of them jointly enjoyed the suit properties, but subsequently they started cultivation of the suit pr