( 1 ) THE plaintiff in OS. 11 /1972 on the file of the Munsiff and JMFC, haveri is the appellant in this appeal. He instituted the said suit for the permanent injunction aganinst the defendants, respondents herein, restraining them from interfering with his possession of the three suit lands bearing RS. Nos. 134 and 135 of Kittur village and RS. No. 109 in Maidar village in Haveri Taluk, Dharwar District. The facts of the case briefly are these There was one Mudakappa, who died several years ago leaving behind him four sons by name : Virupaxappa, Rudrappa (defendant-l) chinnappa (Defendant-2) and Basappa. In the year 1963 there was a partition in the said family amongst the four sons. At that partition, the properties belonging to the family were divided. The plaintiff's case was that the three lands in question, which were being cultivated by his father Virupaxappa as a sole lessee were not the subject matter of partition and that on his (Virupaxappa's) death he inherited the lease-hold rights in the said lands. He claimed that defendants 1 and 2 and Fakiravva (defendant-3) the widow of their brother Basappa had no right to interfere with his exclusive possession