( 1 ) THIS is an appeal by defendant 1 against a decision of Sri J. M. Bir, learned Subordinate Judge, Burdwan directing that the disputed property which consists of a tank and its banks, be sold amongst the co-sharers. The disputed property was recorded in C. S. dag 1205 of mouza Rasuikhand, P. S. Raina, District Burdwan. The plaintiffs claim 13 annas 12 gandas 2 kara 2 kranti share in the disputed property. The share of defendant 1 is stated to be 1 anna 12 gandas 1 kara 1 kranti 14 tils, that of defendants Nos. 2 to 4, 4 gandas 1 kara 1 kranti 16 tils and that of defendant No. 5, 10 gandas 1 kara 10 tils. The plaintiffs allege that defendant 1 has been exercising acts of possession in the tank and its banks and has not taken any care about the tank and that it is not convenient and possible to possess the disputed property jointly with the defendants, that the defendants refused to have the tank amicably partitioned though the plaintiffs requested the defendants to do so. The plaintiffs accordingly filed the present suit for partition. There was a further prayer in the plaint that in case the Court was of opinion that the tank could not be conveniently partitioned