12. This Defendant further submits that, during the life time of the father of the Plaintiff No.1 and this Defendant, on 15.08.1990 there was a Panchayath convened at the instigation of the Plaintiffs No.1 and it is in the said Panchayath Partition, wherein it was understood that, the building which one constructed at K.R.Puram was allotted to the share of the Plaintiffs and the agricultural land bearing Survey No.214/2, 330/2, 330, 153 and 152 respectively measuring 2-guntas, 2 guntas, 4 guntas, 2 guntas and 2 guntas were allotted to the share of the father Munishamappa @ Yerrappa, and the land bearing Survey No.287 and 330 measuring 8 guntas and 3 guntas are allotted to the share of this Defendant. Accordingly, the family properties were divided on the basis of market value, which is nothing but equitable partition effected, and the said partition was accepted and also been ratified by way of conduct. Accordingly, since then the Plaintiff was allowed to enjoy the fruits of the residential building at K.R.Puram, Bangalore and he has started receiving rent from the tenants. During the life time of the father Munishamappa alias Yerrappa, the properties fallen to the share of him used to be cultivated by him and the share which one allotted to this Defendant used to be cultivated by him, personally."
