Tirath Singh Thakur, J.—This is a Plaintiff's appeal arising out of a Suit for partition of joint family property decreed in part by the 1st Additional Civil Judge, Bangalore by his judgment dated 7th of April, 1998. The grievance in the appeal is confined to that part of the judgment and decree, by which the Court below has denied the relief of partition in respect of the plaint schedule-B property except to an extent of 53,356 sq.ft. described in the lease deed marked Ex.P 19. The Plaintiff argues that the Suit filed by him ought to have been decreed by the trial Court qua the entire property described in Schedule-B of the plaint.

2. The Plaintiff and Defendant No. 2 are brothers whereas Defendant No. 1 (now deceased) and Defendant No. 3 are their parents. The Plaintiff's case in the Suit filed by him was that he and his brothers constituted a Hindu Joint Family with their parents and owned joint family property, which was liable to partition among them. In Schedule-A to the plaint, the Plaintiff described the joint family property in the form of agricultural land while in Schedule-C, the moveable assets of the joint family was enumerated. In Schedule-B to the plaint, the