( 1 ) THE appellants are defendants 1 to 3. The plaintiff filed a suit for partition and separate possession of 1/4th share of the properties. The averments in the plaint are as follows;- the plaintiff s father late Syed Hussian akbar Hussain was the sole and absolute owner of the suit premises. He died leaving the plaintiff and the defendants as heirs. Plaintiff and 2nd defendant are the sons through his first wife Bibi Sabi. Defendants 1 and 4 are the son and daughter of second wife, 3rd defendant. The plaintiff and defendants are in possession of the property. The shares of the plaintiff, 1st defendant and 2nd defendant are 1/4th share each and the defendants 3 and 4, 1/8th share each.

( 2 ) THE defendants 1 to 3 filed a written statement stating as follows :- defendants 1 to 3 are residing in a house No. 4-3-75, which is made subject-matter of partition by the plaintiff. On the death of the plaintiff s father, the 3rd defendant became entitled to dower amount of 85 1/2 tulas of gold. Pursuant to settlement the defendants 1 to 4 took actual possession of the house No. 4-3-75, and 78 excluding two rooms. The 3rd defendant is in joint possession with defendants 1, 2 an