1. The un-successful third defendant who lost his case before the lower Appellate Court is the appellant herein. The respondents 1 to 4 are the plaintiffs 1 to 4 in the suit and respondents 5 and 6 are the defendants 1 and 2 in the suit. For the sake of convenience, the appellant and the respondents will be hereinafter referred to as per their rank in the suit.

2. The plaintiffs filed a suit in O.S.No.1497 of 1995 seeking to direct division of suit 'A' and 'B' schedule properties into five equal shares taking good and bad soil into consideration and allot four such shares to the plaintiffs by appointing an Advocate Commissioner; directing the defendants to put the plaintiffs in possession of their 4/5 share in the suit 'A' and 'B' schedule properties and if the defendants fail to do so, the plaintiffs 4/5 share in the suit 'A' and 'B' schedule properties may be delivered to the plaintiffs through the process of the Court and to order enquiry under Order 20 Rule 12 of C.P.C. for ascertaining the mesne profits payable by the third defendant for the plaintiffs 4/5 shares in the suit 'A' schedule properties from the date of the suit till the date of delivery of possession and