JUDGMENT

Mitter, J. - I cannot say that I have found the case free from difficulty or that my mind has not been in suspense during a considerable part of the argument, but after giving the case the most careful consideration I have arrived at a conclusion, satisfactory at least to my own mind. These are two appeals by the Plaintiff and Defendants Nos. 2 and 3 and arise in a suit for partition and accounts. The properties sought to be partitioned are mentioned in three schedules to the plaint. In the " ka " schedule the immovable properties were described; in the " kha " schedule mention was made of the movable properties and the " ga " schedule related to the money-lending business. The Plaintiff sought for a declaration that he is entitled to a one-sixth share in the scheduled properties, that Defendants Nos. 2 and 3 have one sixth share each and Defendant No. 1 has a half-share. In the schedule of immovable properties there are 23 items. On the 26th of March, 1928, the Plaintiff applied for an amendment of the plaint and three more properties were directed to be added to the " ka " schedule properties as also to the " kha " schedule and also to " ga " schedule some more properties