JUDGMENT :

The appellant aggrieved by the judgment and decree dated 07.02.2011, passed in O.S. No. 3206/2004 by the XLIII Addl. City Civil & Sessions Judge, Bangalore (CCH-44), has filed this appeal.

2. Parties are referred to as per their ranking before the Trial Court. The appellant is the defendant and respondents are the plaintiffs before the Trial Court.

3. Brief facts leading rise to filing of this appeal are as under:

3.1. Plaintiffs filed a suit for declaration, partition and separate possession. It is the case of the plaintiffs that Late Sri. Perumal and Smt. Seethamma had three children i.e., 2 daughters and 1 son, by name Smt. Amuda, Smt. Subhadra and Sri. Rukmangathan. Plaintiff No.1 and 2 are the children of Smt. Amuda. Plaintiff No.1 was married to Sri. Rukmangathan, S/o Perumal and Seethamma. During the year 1956, Seethamma had purchased a vacant plot out of her own earnings and the said plot was sold during February 1970. The suit property was purchased by Seethamma in the name of Late Perumal. The suit schedule property was sold by A. Shanmugham through S.V. Rajendra in favour of Perumal and Seethamma. Late Perumal was an employee and served at Karnataka Appellate Trib