1. - This First Appeal at the instance of the defendants arises out of a judgment and decree dated 23-2-1984 passed by Shri D.N. Pathak, Special Subordinate Judge, Ranchi in Partition Suit No. 263 of 1982 whereby and whereunder the said learned Court decreed the plaintiff-respondents suit for partition.

2. The plaintiff-respondent filed the aforementioned suit for partition claiming 1/2 share in respect of the properties in suit.

3. The relationship of the parties would appear from the Genealogical table as mentioned in Schedule A written at the foot of the plaint which is as follows:

4. It is an admitted fact that the grandfather of the plaintiff Sheotahal Mistri executed a registered deed of Will dated 5-1-1938 in respect of two house properties which have been mentioned in items Nos. (i) and (ii) of Schedule B of the plaint jointly in favour of the plaintiff and the defendant No. 1. The plaintiff contended that thereafter the legatees of the said will i.e. he and defendant No. 1 came in joint possession of the aforementioned properties. It has further been asserted by the plaintiff that he constructed a house over the lands standing on M.S. Plot No. 636 Municipal Holding