( 1 ) ONE Girish Chandra Dutt was the owner of certain properties, which were made the subject of a suit for partition. Out of an application, under Section 4 of the Partition Act, made in the aforesaid suit for partition, the present appeal arises.

( 2 ) GIRISH was succeeded by three sons, namely Tulsidas (the plaintiff respondent No. 1), Bonbehari (defendant No. 1, who is the respondent No. 2) and Satya Sadhan (father and husband respectively of defendants Nos. 2 and 3, who are respondents Nos. 3 and 4 ). Sankar Charan (defendant No. 4, who is respondent No. 5) is the son of the plaintiff. He was made a party to the partition suit in his capacity as the purchaser of a certain share in some of the properties included in the partition suit. Kali-pada (defendant No. 5, who is the appellant) is the transferee of the share of defendants Nos. 2 and 3 (respondents No. 3 and 4) in some out of the several properties, which were included in the suit for partition.

( 3 ) THE property in dispute is C. S. Plot No. 1596, recorded in Khatian No. 183 of Mouza Khato-ra. In the settlement record the land is recorded as Udbasu land, measuring 19 cent. The said plot was described in