( 1 ) THIS is an application under Article 133 (1) of the Constitution of India for leave to appeal to the Supreme Court. The applicant was defendant No. 1 in a partition suit.

( 2 ) IT is stated that the value of the properties, which were sought to be partitioned, was Rs. 59607/ -. There is no dispute that the applicant's share is one-half. That being so, the value of the subject-matter in dispute in the court of first instance and in the proposed appeal is well over Rs. 20,000/-, even according to the principle that the valuation of appeals arising out of suits for partition is the valuation of the appellant's share.

( 3 ) THE next question is whether the judgment sought to be appealed from is one of affirmance. It was on that point that the entire argument before us was concentrated.

( 4 ) AS I have stated already, the petitioner before us was one of the defendants in the suit and the defence put forward by him was that the properties mentioned in the plaint were not liable to be partitioned, inasmuch as they were his self-acquired properties and that, necessarily, he was not liable to render any account to anybody. His claim that the properties were not l