Plaintiff is in appeal against dismissal of a suit for recovery of possession with future mesne profits.

2. For a better understanding of the disputes, the relevant pleadings are extracted hereunder: Appellant is the son of deceased 6th respondent. Deceased respondents 5 and 6 are the sons of deceased Venkateswara Pai Madhava Pai. 7th respondent is the son of deceased 5th respondent. Appellant and respondents 1, 2, 3, 5 and 7 belong to Hindu Gowda Saraswatha Brahmin Community. Pending the appeal, respondents 5, 6 and 8 died. Their legal representatives were not impleaded as the appellant was prepared to take the risk of their non-impleadment.

3. Plaint schedule property belonged to the joint family of deceased Madhava Pai and his brothers. They partitioned the property in the year 1112 ME. Ext.A1 is the partition. The plaint schedule property is item No.17 in A schedule to Ext.A1. The building situated in the property was constructed after Ext.A1 partition. The properties described in A schedule to Ext.A1 were set apart in common for meeting the common expenses. A schedule properties are not partiable. They belong to a Hindu Mithakshara Family comprising the appellant and t