Hari Nath Tilhari, J. - This appeal under Section 96 of the Code of Civil Procedure has arisen form the judgment and decree dated 20.1.1997 in O.S. No. 87/93 whereby the trial Court (Civil Judge Chikmagalur) has dismissed the plaintiff/appellants suit for decree for declaration that after the lifetime of the 2nd defendant, the plaintiff becomes the absolute owner of the schedule property and for decree for permanent injunction restraining the defendants/respondents from alienating the suit schedule property in any manner and from cutting and removing the timber or shade trees standing in the schedule property.

2. The brief facts of the case giving rise to this appeal are that Kenche Gowda, his two sons A.K. Lakshmana Gowda and A.K. Jayaram as well as Smt. S. Yeshodamma, wife of Kenchegowda and mother of the plaintiff/appellant and defendant/respondent No. 1 constituted a joint family. That according to the plaintiffs case, on 28.3.1980, with the consent of all the members, late Kenche Gowda effected a partition vide partition deed executed and registered on 28.3.1980 and the property was divided into three shares, one share of the property namely the schedule property was r