M. K. SHAH, S. H. SHETH, J.

( 1 ) THIS first appeal and the cross-objections filed therein arise out of the judgment and decree of the learned Civil Judge (Senior Division) Rajkot in Special Civil Suit No. 65 of 1971. The appellant is the original plaintiff and she is a married daughter of deceased Bhaishanker Odhavji Pandya who died intestate on 4th October 1969 at Rajkot. The respondents are the original defendants. Defendant No. 1 is the widow of the deceased. Defendants Nos. 2 and 3 are his sons and defendants Nos. 4 5 and 6 are his daughters.

( 2 ) THE plaintiff filed the suit for partition of the properties mentioned in Schedules A and B attached to the plaint. The property mentioned in Schedule A is a house called Pandit Niwas situated in the area called Prahlad Plot at Rajkot valued at Rs. 40 0 by the plaintiff. The property mentioned in Schedule B consists of cash amounts alleged to have been deposited in two Banks at Rajkot and certain amount alleged to be in the postal savings bank account at Rajkot as also gold and silver ornaments cash at hand amounting to Rs. 2 0 and other movable articles. It was the plaintiffs case that the plot of land on which the house was later c

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