( 1 ) THIS appeal is by the plaintiffs 1 and 3 against the judgment and decree dated 26-11-1976 passed by the learned Principal Civil Judge, Bangalore City in R. A. No. 26/1975 affirming the judgment and decree dated 22-11-1974 passed by the learned I Additional First Munsiff, Bangalore City in O. S. No. 980/1969 dismissing r. 11 the suit filed for partition and separate possession of half share of the plaintiffs in the suit schedule property.

( 2 ) THERE were three plaintiffs in the suit. During the pendency of the suit, the 2nd Plaintiff died leaving behind no issues. Therefore, she was given up. Similarly, there were two defendants in the suit. The 1st defendant died during the pendency of the suit. The 2nd defendant being the only legal representative of the 1st defendant, he was shown as the legal representative of the 1st defendant. Thus, plaintiffs 1 and 3, and defendant-2 who became the L R. of the 1st defendant, remained as parties to the suit.

( 3 ) THE suit property is a house bearing No. 49, Papanna Lane, Kavadi revanna Settypet, Bangalore City.

( 4 ) THE trial court has held that thimmakka, who became the absolute owner of the suit property on the comin