JUDGMENT

1. Sri. K. Sheshashayi @ Babu Rao and his son, Sri.K.Sathish Krishna Rao, the defendants are in appeal.

2. Sri. K. Chandrashekar Rao, the brother of Sri.K.Sheshashayi instituted a suit seeking for a declaration that he was the owner of properties bearing Sy.No.93/2 measuring 2 cents and Sy.No.9/7 measuring 17.5 cents and to direct his brother and his nephew to surrender peaceful possession.

3. He also sought for direction to direct his brother and his nephew to pay mesne profits at the rate of Rs.1,000/- per month from 20.11.2002 to 10.12.2002 and also sought for a direction to them to pay future mesne profits till the date of surrender of possession. A consequential decree of injunction is also sought for.

4. It was the case of Sri. K. Chandrashekar Rao that the suit properties had been allotted to him under the registered Partition Deed dated 09.04.1976 executed between him, his brother and his sister. It was stated that in the ‘A’ schedule properties, there was a house. It was also stated that he had sold the other properties that were allotted to him and that he was working in Vijaya Bank at various places and as a consequence, he had kept the house under lock and key for