Misra, J.

1. This is a suit for partition. Plaintiff claims 11 annas 5 dams share in a tenure consisting of 12.94 acres of Lakhraj Abadi lands in village Yarpur, which he claims to have purchased from Jaglal Sah. According to the plaintiffs case, Jaglal Sah held a mortgage over this property from defendants 3rd party, who were defendants 14 to 19 in the action, under a mortgage deed dated 12-1-1926. Jaglal Sah brought a suit to enforce his mortgage dues, obtained a decree and in execution thereof purchased that property on 10-1-1940. The cause of action alleged by the plaintiff was that he demanded partition of his share on foot of his title, set out in the plaint, on 14-7-1947, which the defendants refused to comply with.

Accordingly, the plaintiff prayed for effecting a partition or the said tenure by metes and pounds and for the carving out of a specific takhta in respect of his share of 11 annas 5 dams ("knam), equivalent to 8 auuas 8 dams and 15 kowries pukhta in the said tenure. It may be stated that the plaintiff clearly averred in the plaint in para. 3 that after his purchase of the property by the sale deed from Jaglal Sah on 12-7-1942, the plaintiff has been in po