( 1 ) THIS appeal arises out of a suit for partition instituted by the present respondent No. 1, Ghinta-moni Devi, in which a preliminary decree has been passed by the learned Subordinate Judge. The plaintiff is the widow of one Mahendra Nath Das who died on 12th June, 1956 leaving as heirs besides the plaintiff, two sons Upendra and Keshab by another predeceased wife. The plaintiff instituted the suit on 6th May, 1957 and claimed partition of the property mentioned in the schedule of the plaint. Those properties included certain agricultural lands, three dwelling-houses, one at Jalpaf-guri town and two in village Jorepakri. There was also a vacant plot of land in Jalpaiguri town. Besides these immoveable properties there were also other properties in the form of tea shares, three iron safes and one gun, the licence of which stood in the name of Mahendra Nath Das; but aftet his death the gun was surrendered and thereafter Upendra took out the licence in his own name and was possessing that gun. The plaintiff claimed one-third share of all those properties.

( 2 ) DEFENDANTS 1 and 2 contested the suit and raised several pleas. To meet some of the objections raised i