JUDGMENT :- This is an appeal preferred against the decree and judgment of the learned District Judge of South Kanara in O.S. No. 3 of 1953.

2. The facts are : One Juje Banja a cultivator was a resident of Modu Thonse village. He was the owner of the properties constituting the subject matter of this suit. The wife of Juje Banja is the 1st defendant, Josephine Noronha, and he had by her a son by name Denis Banja and a daughter by name Appoline Catherine Banja. This Juje Banja died on 9-4-1923 in Mudu Thonese, when he was aged 52. Subsequent to his death, the mother and son and daughter lived together. This daughter was married in 1927 to one Raymond DSouza, a resictent of Bankur. She is the 2nd defendant in this suit.

The son Denis who became a school master was married to the first plaintiff Celestine subsequent to 1927 - the wifes evidence on 1954 was "I was married 27 years back" - and had by her the children, plaintiffs 2 to 5. He died apparently in 1951-52. The wifes evidence in 1954 however was "He died about 21 years back". Subsequent to the death of Denis the mother-in-law and the daughter-in-law have fallen out. The mother-in-law had gone and resided with her daught