Judgment

K. Venkataswami, J.-This appeal is preferred against the judgment and decree dated 14.2.83 of the Allahabad High Court in Second Appeal No. 1845 of 1974. Brief facts giving rise to this appeal by special leave are the following:-

2. The respondent herein filed an Original Suit No. 43 of 1962 in the Court of the Second Civil Judge, Meerut, for partitioning his half share in the property described in the plaint and for rendition of account in respect of the same. The appellant was the defendant in the said suit, now represented by legal representatives as she died pend­ing this appeal. For easy appreciation, we refer the parties as plain­tiff (respondent herein) and defendant (deceased appellant) in this judgment. One Battu Mal was the husband of the defendant. The said Battu Mal purchased the suit property under a Sale Deed dated 9.5.53 for a sum of Rs. 17,000/- in the joint names of himself and the plain­tiff, who was then a minor aged 16 years. The said Battu Mal was murdered in June, 1956. The plaintiff was prosecuted for the murder of said Battu Mal and was convicted and sentenced to imprisonment and factually when the suit was filed he was in prison. The plaintiff was th