1. learned single judge of this Court has referred these cases to Division Bench "to resolve the apparent conflict between the decision by Eradi J. in 1974 K.L.T. 286 and Poti J. in 1980 K.L.T. 854" and in view of the fact that "the decision by Eradi J. is seen doubted by a Division Bench of this Court in A.S.A. No.3 of 1971 (1974 K.L.T. S.N. 23)".

2. Revision petitioner in the C.R.P. is the first respondent in the second appeal. First appellant in the second appeal daughter of Ibrayi, filed a suit O.S.257 of 1964 in the Munsiff's Court, Payyoli for partition and separation of her 7/72 share in the suit property on the allegation that the property belonged to her deceased father Ibrayi and on his death, she has inherited a share. She also challenged registered lease deed (Ext.B7) marked in the suit executed by her brother, third defendant, in favour of her brother-in-law, 7th defendant and contended that she is entitled to partition free from the claims under the lease deed. Second defendant is the widow, defendants 3.4 and 6 are sons and plaintiff and defendants 1 and 5 are daughters of Ibrayi. Third defendant remained exparte in the suit. Defendants 1,2 and 4 to 6 supp