Judgment

RAY, C.J.I. - This appeal is by certificate from the judgment dated 9 May 1966 of the High Court of Allahabad.

2. Reoti Saran filed a suit for partition of immovabel properties consisting of shops, houses and vacant lands. He claimed one third share in the properties. The claim was contested by defendants Nos. 1 and 2 who are the sons of Gaya Prasad.

3. The principal question was whether Reoti Saran had relinquished his share by two deeds of relinquishment made in the year 1922. The trial Court accepted the defence and came to the conclusion that Reoti Saran had relinquished his share. The trial Court therefore dismissed the suit.

4. The High Court on appeal set aside the judgment and held that the plaintiffs were entitled to a decree for partition of one-third share in the properties.

5. We are in agreement with the conclusion as well as the reasons given by the High Court. The High Court gave two cogent reasons as to why the deeds of relinquishment were never acted upon. One was that a sale deed was executed on 28 October 1942 by Reoti Saran for self and as guardian of his two sons as also by Sri Chand defendant No. 1 for self and as guardian of his brother defendant No. 2 al