( 1 ) THIS order will dispose of R. F. A. 85-D of 1961 as well as R. F. A. 105-D of 1961. The second mentioned A appeal has, by order dated 31st January, 1972, been allowed to be treated as a cross-objection in the first mentioned appeal and the references in this judgment is, therefore, taken from the first mentioned appeal.

( 2 ) THIS appeal has been filed by Kanhaya Lal plaintiff against the judgment and decree of a Subordinate Judge 1st Class, Delhi, dated 6th April, 1961 by which he passed a preliminary decree in a suit for partition instituted by the plaintiff-appellant on 30th May, 1958.

( 3 ) THE propostius Bhagwan Dass, plaintiff s father, died on 25th October, 1957, leaving behind the plaintiff and defendants Nos. 2, 3. 4 and 5 as sons and defendant No. 1 as his widow and defendants Nos. 6 and 7 as his daughters. This death evidently occurred after the commencement of the Hindu Succession Act, 1956 (hereinafter REFERRED TO to as the Act) and the plaintiff filed a suit for partition of the joint Hindu family property which mainly consisted of a printing press and it is alleged that defendant No. 5, the youngest son of the deceased, had been managing the joi