JUDGMENT :

This appeal is filed against the judgment and decree passed in RA No.28/2008 on the file of the Prl. District Judge, Raichur arising out of the judgment and decree passed in O.S.No.20/2006 by the Additional Civil Judge (Sr.Dn.), Raichur dated 06.03.2008.

2. The appellant is the plaintiff in O.S. No.20/2006. The parties are referred as per their ranking before the Trial Court for the sake of convenience.

3. The appellant filed a suit for declaration and injunction contending that he had married Smt. Eshwaramma D/o Ramangouda in the year 1960 and his wife Eshwaramma was owner in possession of suit land bearing Sy.No.287/A measuring 22 acres 18 guntas situated at Athanur village in Manvi Taluk. It was contended that after the death of his wife Eshwaramma, the plaintiff became a exclusive legal heir and the said Eshwaramma died issueless in the year 1998. It was also contended that the said Eshwaramma had acquired ownership over the suit property on the strength of the oral partition between her father and her brothers namely Muddanagouda, Sharanappa, Siddanagouda and Shanker in the year 1968. The partition which was initially oral, came to be recorded in a memorandum of partit