JUDGMENT :

ANANT RAMANATH HEGDE, J.

This appeal is filed against the concurrent finding in a suit for partition and separate possession. Hence, defendants No.1, 3 and 4 are before this Court.

2. This appeal was admitted on 13.10.2022 to answer the following substantial question of law.

Whether the Trial Court as well as the First Appellate Court are justified in holding that the suit scheduled properties are ancestral properties of the plaintiffs and thereby justified in granting relief of partition in favour of the plaintiffs?

3. Certain facts are admitted.

3.1 The suit is filed by four sisters against defendant No.1, their father, defendants No.2 and 3, their sisters and defendant No.4, the son of defendant No.2. Defendant No.5 is said to be the brother of defendant No.1.

3.2 The suit is filed on the premise that the suit properties are joint family properties acquired out of the joint family income and the plaintiffs assisted their father i.e., defendant No.1 purchase the properties. Accordingly, suit is filed claiming partition on the premise that the plaintiffs are also having equal share along with defendant No.1.

3.3 The plaintiffs have also referred to the Gift Deed said to have be