( 1 ) TWO applications under the Partition Act, 1893, have led to this Regular First Appeal which has been filed under Section 8 of the Partition Act read with Section 96 of the Code of Civil Procedure.

( 2 ) THE facts giving rise to the two applications can first be shortly stated. Shrimati Radha Rani was the plaintiff in a suit for partition in which she claimed half share in the property in question being No. 6-7 ward No. XI, Matia Mahal, Delhi. The defendants were Shri Faquira andshri Amrit Lal. By a preliminary decree dated 28th August, 1982, the trial Court held that the plaintiff was entitled to a half share in the property and the defendants were entitled to a one-fourth share each. A Local Commissioner was appointed who found that several persons were in occupation of the property including the plaintiff Shrimati Radha Rani and Shri Amrit Lal. The report was to the e:fect that the property cannot be conveniently partitioned.

( 3 ) BEFORE dealing with the two applications which form the subject- matter of the order under appeal, it is convenient to note an order passed on 28th August, 1981, by the trial court. It is noted therein that a portion of the proper