Aggrieved over the granting of preliminary decree in respect of item Nos. 1 to 8 the present appeal came to be filed by the defendant. The parties are arrayed as per their own ranking before the trial Court for the sake of convenience.

2. Brief facts are as follows:-

The plaintiff and defendant are brothers and sons of Bairappa Gounder. The suit properties were originally owned by Muniappa Gounder, maternal grandfather of the plaintiff and defendant. The said Muniappa Gounder gifted the suit properties to the plaintiff and defendant and handed over the possession of the same. Ever since the date of gift, they have been in possession and enjoyment of the same. Joint patta was also issued in favour of the defendant in patta No.1128 in respect of the properties comprised in S.Nos. 1263, 1264, 1265 and 1284. But with some ulterior motive, behind the back of plaintiff, the defendant has obtained separate patta in patta No.522 in respect of properties in S.No.1486, 1488/1, 1488/2 and 1488/3 of Puligunda Village and also in patta No.581 for the properties in S.No.327 of Mahagevagoollahalli Village. The plaintiff came to know about the said pattas only 6 months prior to the filing