S.A. Bobde, J.

1. 1. This Second Appeal is by the defendant No.2. The suit was filed by his sister, the respondent No. 1 Shobha. The suit is for partition and separate possession of several properties referred to in the plaint. The details of the properties are set out in the judgment of the two Courts below and hence are not reproduced here. The plaintiff (present respondent No. 1) claimed partition of l/3rd share in the property belonging to her deceased father. The share is claimed from the defendant No. 1 (present respondent No. 2), and the defendant No. 2 (present appellant), who are the uncles of the plaintiff. The defendant No. 3 (present respondent No. 3) is a purchaser of the suit property.

2. In brief, the case of respondent No. 1 is that her parents died long ago and she was brought up by her uncles, defendant Nos. 1 and 2. They settled her marriage and made arrangement for incurring expenses for the marriage. She claimed that three days before the marriage i.e. 20th May,

1974 the appellant told her that he did not have money for performing the marriage. She, therefore, got anxious and told defendant No. 2 that in no case should her marriage be cancelled. There