JUDGMENT

S.V.N. Bhatti, J. -

I. Factual Matrix

1. Respondent Nos. 1 and 2 in Civil Appeal have filed O.S. No. 13/2000 before the Court of Principal District Judge at Vishakhapatnam. The suit is for partition and possession of plaint schedule property. The prayer reads thus:

"a) for partition of plaint schedule property and allot Western half portion of the house with the Western adjoining vacant site to the 2nd plaintiff and the remaining Eastern portion building with vacant site on Eastern side has to be partitioned into our equal shares and allot one such share i.e. 1/4th of the plaint schedule on Eastern side to the 1st plaintiff and for delivery of the same;"

2. The plaint schedule consists of a residential house bearing door no. 6.18.7 in East Point Layout, Plot No.10, LIG, T.S. No. 379, Block Nos. 22 and 23 of Waltair Ward, Vishakhapatnam Municipal Corporation (hereinafter referred to as "the plaint schedule").

3. Late Ghouse Khan S/o late Assudula Khan entered into a lease-cum-sale agreement concerning the plaint schedule with the Vishakhapatnam Urban Development Authority. Late Ghouse Khan, through a registered Sale Deed, after completing the agreed obligations, purchased the pla