JUDGMENT

(Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure, 1908 to set aside the judgment and decree, dated 13.08.2001 in O.S.No.258 of 1996 on the file of the Subordinate Court, Hosur and to allow this Appeal.)

A. The Appeal Suit:

1. This Appeal Suit is filed by the unsuccessful plaintiff against the judgment and decree by the learned Subordinate Judge, Hosur, dated 13.08.2001 in O.S.No.258 of 1996, in and by which, the suit filed by the appellant herein was dismissed. For the sake of convenience, the parties are referred to as per their array in the Original Suit itself.

B. The Suit:

2. The suit was filed by the plaintiff for partition of the suit properties into three equal shares and allotted one such share to the plaintiff and for separate possession, mean profits and for permanent injunction restraining the seventh defendant or his men from interfering with the possession and for costs.

C. The Pleadings:

3. The plaintiff and the defendants 1 & 2 are brothers and they are the sons born to one Made Gowdu and Siddamma. Yet another daughter, by name Putta Rajamma died ten years prior to the filing of the suit and the fifth defendant is her son a