S.T. Kharche, J.

1. 1. By invoking the jurisdiction of this Court under Section 100 of the Code of Civil Procedure, this Second Appeal has been filed by the original Plaintiff. Being aggrieved by the Judgment dated 2nd of March, 1990, passed by the learned Additional District Judge, Amravati in Regular Civil Appeal No. 57 of 1989, whereby he dismissed the appeal and confirmed the Judgment and decree passed by the trial Court dismissing the suit of the plaintiff for partition and separate possession of his share in the suit house.

2. 2. The relevant facts are required to be stated as under :--

The plaintiff filed a suit for partition and separate possession of his share. It is contended that the plaintiff had purchased the suit house out of the income of ancestral joint family property. The joint Hindu family owned 234 acres of agricultural land and same was subject matter of partition between the plaintiff and defendant and their sons and the property

i.e. Agriculture land was partitioned vide registered partition deed dated 14-3-1959. The suit house was not partitioned in between the parties and it is in their joint possession. The plaintiff and defendant are the real brot