( 1 ) THIS is an appeal from an appellate decree. Defendant no. 1 and defendants Nos. 3 to 10 are the appellants before us. It arises out of a suit for partition on declaration of plaintiffs 2/3rd share in the suit properties. The suit properties were 11 plots of land appertaining to 4 khatians set out in the plaint schedule. Of these 11 plots 3 plots have been excluded from the suit concurrently by the two Courts upon a finding that in respect of these 3 plots, the plaintiff had failed to make out any case for partition. These 3 plots are Dag Nos. 4882, 4884 of khatian No. 860 and Dag No. 4519 of khatian No. 826. As regards the rest eight plots in suit viz. plots Nos. 4885, 4886, 4941, 4995, 4949, 4950 of khatian No. 860, plot No. 294 of khatian No. 862 and plot No. 4766 of khatian No. 908 while the trial Court decreed the suit declaring 1/3rd share in favour of the plaintiff overruling the plaintiff's claim of acquisition of the other 1/3rd share from defendant No. 2, the Court of appeal below decreed 2/3rd share in favour of the plaintiff upholding the plaintiff's claim of acquisition of such share.

( 2 ) THE plaintiff's case shortly was that the suit properties