JUDGMENT :- This appeal is on behalf of the defendants and arises out of a suit for partition of a tank.

2. The plaintiffs case is that there were other lands near about the tank belonging to the parties, there had been a previous partition of those other lands, but the tank was left Ejmali. The plaintiffs claim two-third share and defendant 1 one-third share in the disputed tank.

3. The defence was that the watery portion of the tank could not be partitioned. Some of the other contentions raised in the plaint which are not material for the present appeal were also contested.

4. The learned Munsif held in favour of the plaintiffs and came to the conclusion that it was not possible to possess the tank in two separate portions. The only way of partitioning the tank was by selling it under the provisions of the Partition Act. The Court farther directed that if the parties failed to settle the price of the tank amicably among themselves, a Commissioner would be appointed on the plaintiffs petition for holding a bid amongst the parties after a valuation was fixed by the Court. The tank would then be sold amongst the parties to the suit and the sale proceeds would be divides amongst them ac

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