1. The brothers, i.e., the plaintiff and the 3rd defendant who supported each other in a suit for partition are in second appeal, challenging the dismissal of their appeal by the Appellate Court.

2. Since both these appeals arise out of a common judgment and decree passed in O.S.No.640/2004 and RA No.64/2013, they are taken up together for disposal. One Subbaiah had four sons namely
i) S.Narayanappa (defendant No. 1),
ii) S.Appaiah (plaintiff)
iii) Venkasubaiah (defendant No.2) and
iv) S. Ramakrishna (defendant No.3).

3. S. Appaiah had filed a suit seeking for partition and separate possession of property bearing Sy.No.145/2P2 measuring 2 acres, situated at Kannamangala Village, Bidarahalli Hobli, Bengaluru East Taluk. It was his case that the suit property had been purchased in the name of his elder brother - S. Narayanappa (defendant No.1) out of joint family funds and it was, therefore, a joint family property. He further stated that since it was a joint family property, he was entitled to l / 4th share in it.

4. S. Narayanappa and Venkasubbaiah (defendants 1 and 2) contested the suit. They contended that there was a partition effected amongst the four brothers by way of a registere