( 1 ) THIS appeal preferred by defendants is directed against the judgment and decree of the Subordinate Judge, Khan Original Suit No. 6 of 1962 decreeing the suit of the plaintiff for partition and possession of his 1/5 share in Items 1 to 4 , 6 and 7 of plaint A schedule and Item 18 of plaint B schedule.

( 2 ) THE defendants 1 to 3 and the plaintiff are the sons of one Narayana, the 4th defendant is their mother and the 5th defendant is their sister. According to the plaintiff, he and the defendants 1 to 3 were members of a Hindu undivided joint family and therefore he is entitled to partition and separate possession of his share in the joint family properties. The suit was resisted by the defendants contending inter alia that there was a prior partition where under there was allotment of shares to each of the sharers and therefore the plaintiff is precluded form seeking the relief of partition and separate possession of his share. The Subordinate Judge held that there was no prior partition as set up by the defendants, and that the plaintiff is entitled to the relief claimed only in respect of Items 1 to 4, 6 and 7 of plaint A schedule and Item 18 of plaint B sc