This is an appeal against the judgment and decree passed by the learned Additional District Judge, 2nd Court at Alipore in Title Appeal no. 272 of 1973 setting aside the judgment and preliminary decree passed by the learned Subordinate Judge, 7th Court, Alipore in Title Suit no. 61 of 1962 with regard to the property described in item no. (i) of schedule 'Ka' of the plaint and modifying the preliminary decree with regard to the property described in item no. (ii) of the schedule ‘Ka’ of the plaint.

2. The plaintiff/appellants filed the suit for partition claiming 7 annas 1 gandas 1 kara 1 kranti share partly by inheritance and partly by 4 purchases from 4 co-sharers.

3. In the plaint originally there were two schedules of properties-'Ka' schedule relating to khas lands and 'kha' schedule relating to tenanted lands. In the 'ku' schedule there were three items: (i) Dag no. 846 of C.S. Khatian no. 597 in Mouja Rajpore within the local municipality having an area of 52 acres with a building on it, (ii) Dag no. 508 of C.S. Khatian no. 758 in the same Mouza measuring 14 acre with mud huts opposite item no. 1 intervened by a road and (iii) Dag no. 69 of C.S. Khatian no. 696 in the s