1. Defendants 1 to 3, 5 to 11, 47 to 49 and 51 in O. S.688 of 1965 in the Court of the Munsiff of Payyoli are the appellants. The suit was for partition and separate possession of plaintiffs' 7/52 shares in plaint A and B schedule properties.

2. The questions formulated by this Court at the time of admission are: (1) Are the rights of the plaintiffs-respondents barred by adverse possession and limitation. (2) Is the principle laid down in (1977) 2 S.C.C. 155 (AIR. 1977 SC. 1011), Para 15 applicable to the facts of the case.

3. If the answer to question No. 2 is in the affirmative, then only the first question need be considered.

4. Facts relevant for considering the second question are given hereunder: The trial court by the judgment dated 28-11-1969 dismissed the suit." The plaintiffs thereupon filed an appeal, A. S.33 of 1970 in the Court of the Subordinate Judge of Badagara and in the said appeal the points formulated for determination were:

1. Do the properties belong to the tavazhi of plaintiffs, defendants 1 to 11 and 13 to 46?

2. Are plaintiffs and defendants 31 to 33 the descendants of Kunhikkayya Umma and are they entitled to shares in the properties?

3. What are the