S. Ravindra Bhat, J.

1. The present common judgment will dispose off two appeals – RFA (OS) 14/2008 (filed by the plaintiff Jeevan Das) and RFA (OS) 20/2008 (filed by Anil Sharma, defendant). Both the appeals are directed against the different findings of the learned Single Judge in the impugned judgement and decree of 20.12.2007 in CS(OS) 2350/1997. In the suit, Jeevan Das sought partition of residential premises located at Hanuman Mandir (hereafter referred to as “the suit premises”) and a decree or direction that he was entitled to a share equal to that of the defendant Anil Sharma in respect of the business carried on by him and by his father in a takhat in the temple premises.

2. The suit before the learned Single Judge was preferred by Jeevan Das, the son of Janki Das. The plaintiff (hereafter referred to as such) had another brother, Hari Shankar, whose son Anil Sharma was arraigned as the first defendant (hereafter called “the first defendant”). It was claimed that through Janki Das, (the plaintiff’s father and grandfather of first defendant), the said parties inherited the right in respect of the family residence, as also the business and the shop where from, durin