JUDGMENT :

This second appeal is filed by the appellant-defendant No.6 praying this Court to set aside the judgment and decree dated 09.06.2017 passed by the Court of III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal in R.A.No.5029/2015 and set aside the judgment and decree dated 14.01.2015 passed by the Court of the Senior Civil Judge and JMFC at Anekal, Bengaluru Rural District in O.S.No.88/2013.

2. The parties are referred to as per their original rankings before the Trial Court as plaintiff and defendants for the sake of convenience and brevity.

3. The factual matrix of the case of the plaintiff in O.S.No.88/2013 while seeking the relief of partition is that the suit property was the service inam land re-granted in favour of Thoti Chinnappa, S/o. Thoti Chikkelliga. The said Thoti Chinnappa being the owner in possession of the suit property, out of his love and affection towards Yellappa, S/o. Gabbaiah had gifted the suit property in favour of the said Yellappa through the gift deed dated 08.05.1972. Since the date of said gift deed, he was in actual possession and enjoyment of the suit property. All the revenue documents have been transferred