in which Siva Gowder / Plaintiff was given 1.23 acres, his mother Lingammal was given 1.67 acres, D1 was given 2.42 acres, and another brother Devan was given 1.67 acres. Devarammal / 8th defendant / appellant had taken 1.37 acres. But as per Ex.A3, the plaintiff Siva Gowder relinquished all his rights in respect of 1.17 acres, as he was not able to pay the contribution as fixed by the Panchayat. Based upon all these documents, the plaintiff, as per the Panchayat list Ex.A2, already made division of the property which was reduced into writing, but subsequently other defendants were not co-operating for partition. Hence, he filed a suit for partition. But the claim of the plaintiff was totally denied by the defendants and by relying on the decree in O.S.49 of 1982 filed by the agreement holders / legal heirs of the Onna Gowder, namely Lingammal, Devarammal, Onnapan and Devan, against original owner Sagunthala Devi and Rukkmani Devi, admittedly, the suit was decreed and contested, and to that effect, Ex.A22 and A23 were produced. Subsequently, appeal suits were dismissed. Thereafter, EA.No.86 of 95 was filed for execution of sale deed, and in that execution proceedings, original owner Siva Gowder raised objection and subsequently it was withdrawn. Thereafter, the sale deed was prepared and
