1. Heard the learned Counsel appearing on behalf of the appellant and the learned Counsel appearing on behalf of Respondent No.1.

2. Appellant is the original Plaintiff and Respondents are original Defendants. For the sake of convenience parties shall be referred to as “Plaintiff” and “Defendants”.

3. Plaintiff filed suit for partition and separate actual possession of the Plaintiff’s one half share in the suit property and future mesne profit alongwith costs of the suit. Trial Court decreed the suit and held that the Plaintiff was entitled to get separate possession of his one half share in the suit property, subject to payment of additional court fee. Against this order, Defendants filed appeal No.253 of 1984 in the District Court and the decree of the Trial Court was set aside. Being aggrieved by the aforesaid judgment and order passed by the lower appellate court, Plaintiff has filed this second appeal.

4. The additional grounds were tendered by the Plaintiff’s advocate at the time of admission and the second appeal was admitted on the additional grounds which were tendered by the Plaintiff. The second appeal, therefore, was admitted on the following substantial qu