JUDGMENT :

H.P. SANDESH, J.

1. Heard the learned counsel for the appellants. The learned counsel for the respondent.

2. This Regular Second appeal is filed challenging the judgment and decree dated 26.08.2006 passed in R.A. No. 39/2005 by the Prl. Civil Judge (Senior Division) and CJM, Shimoga.

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

4. The factual matrix of the case of the plaintiff before the Trial Court that the suit schedule property which is morefully described in schedule ‘A’ belongs to the plaintiff. The land bearing Sy. No. 37 of Yogimalali village, Thirthahalli taluk totally measuring 10 acres 36 guntas including the kharab land. The said land was ancestral joint family property of the appellant and his father Puttaiah Gowda. In the year 1984 there was a partition under Palupatti dated 14.10.1984 among the plaintiff, his father and the appellant’s brothers. In the said partition, an extent of 1 acre 10 guntas of wet land in Sy. No. 37 of Yogimalali village, Thirthahalli taluk was allotted to the share of the plaintiff. This 1 acre 10 guntas of wet land is lying on the southern