1. In this revision application the petitioners have challenged the legality of an order dated 5-3-1974 passed by the learned Subordinate Judge, Bhagalpur, fixing valuation of a house which was the subject-matter of partition in Title Suit No. 25 of 1966.

2. The petitioners had purchased 9-10th share of the said house, situated in Mohalla Golghat in the town of Bhagalpur, under a sale deed dated 10-11-1965. After purchase the petitioners filed aforesaid title suit on 22-2-1966 for partition of 9/10th share in the aforesaid house on the basis of the transfer made in their favour. The defendant-opposite party had the right, title and interest over the remaining 1/10th share in the said house. The opposite party filed written statement on 19-8-1966 disputing the claim for partition made on behalf of the petitioners. In paragraph 13 of the written statement, it was stated as follows:-

"That the disputed house was a dwelling house belonging to the undivided family of the defendant and his uncles, brothers and cousins on the date of sale. All the members of the family were actually living in the house or were using the house as their dwelling house whenever they came to Bhagalpur