1. The plaintiff-appellant filed a suit for partition in respect of a house which formerly belonged to himself and his brother, the respective shares being one-sixth and five-sixth. The brother executed a sale deed in favour of the defendant-respondent in respect of the entire house. The plaintiff in this suit asks for the declaration of his title to one-sixth share, for recovery of possession and for partition. Further, he asks for an order under Sec. 4, Partition Act of 1893 permitting him to buy out the defendant. On his plaint, he paid ad valorem court-fee on his prayer for declaration of his title and recovery of possession on the value of his one-sixth share, and paid besides a partition court-fee of Rs. 18-12-0. The Court of first instance found the plaintiffs title and decreed possession. As regards the remaining prayers, in view of considerable improvements found by it to have been made by the defendant to the house, the Court directed that the plaintiff, instead of getting any portion of the house, should get the equivalent value amounting to RS. 700. In appeal to the District Court, the plaintiff asked for the relief under Section 4, Partition Act, namely, to be