JUDGMENT

B.P. Jeevan Reddy, J.-Leave granted. Heard learned counsel for both the parties.

2. Second defendant is the appellant. Suit for partition, separate possession and profits instituted by the plaintiff-first respondent has been decreed by the Appellate Court with the following shares: Plaintiff 1/12, first defendant 5/12 and second defendant 6/12. The High Court has modified the said shares in the following manner: Plaintiff 1/12, first defendant 7/12 and second defendant 4/12. Since his share has been reduced by the High Court, the present appeal has been preferred by the second defendant.

3. One Atma Ram, who died on January 23, 1971, had two wives-Janki Bai and Rama Bai. Plaintiff Indira Bai and the 4th defendant Tatya are the children by Janaki Bai. Whereas first defendant Krishna and second defendant Baliram are the sons through Rama Bai. Rama Bai was alive when the suit was instituted and she was impleaded as the third defendant. Pending the suit Rama Bai died and defendants 1 and 2-her sons-have been impleaded as her legal representatives. This was done notwithstanding the plea of the first defendant Krish