O. N. Asthana, J.

1. The appeal No.791 of 1978 has been filed by defendant no.1 - appellant Gorakh Kuar against the judgment and decree dated 29th june, 1978 passed by 8th Additional sub-Judge, Siwan in Original Suit No.141 of 1971, where the Trial Court decreed the claim of the plaintiff-respondent Sukhdeo Kuar declaring that Sukhdeo Kuar has one-fourth share in the properties, and the decree for partition was granted.

2. The another Appeal No.288 of 1981 has been filed by the defendant-appellant of the same partition suit challenging the report of the Pleader commissioner on which the final partition decree in the case has been prepared.

3. The property in suit comprises the agricultural land of the two villages, and the homestead land shown in schedules 1 and 2 of the plaint respectively

4. The family pe-digree is as follows: bisheshwar Kuar

5. According to the plaintiff six sons of Bisheshwar Kuar separated amongst themselves before the operation of the revisional survey dividing the properties equally for the convenience amongst all the brothers, though it was not a partition by metes and bounds; the brother Ganesh Kuar died leaving behind his widow Bahora Kuar, and la