C.M. Lodha, J.-This appeal raises an interesting question ,as to the interpretation of Section 4 (1) of the Partition Act (IV of 1893) (which will hereinafter be referred to as ‘the Act’).

2. Plaintiff Moola and defendants Nos. 1 and 2 Potu and Loharey were members of an undivided family. Moola’s father Bholuram and defendants Potu and Loharey’s father Kundan were first cousins. The family owned a house in Karauli. Moola had half share and Potu and Loharey had jointly half share in the house. Defendants Nos. 1 and 2 mortgaged their undivided half share with Fakiralal and Ghisiya Lal for a sum of Rs. 1,500 by a registered mortgage deed dated 17-5-1967. The whole of the house was, however, in possession of Gannulal and Devilal whom it had been rented out, about 10 years prior to the mortgage, Plaintiff Moola filed the present suit in the Court of Munsiff Karauli on 22-1-68 for partition and separate possession of his half share in the house. On 16-3-1968, defendants Nos. 1 and 2 redeemed the mortgage and sold their half share to Bhagwatilal and his brothers Haricharanlal and Gopal Prasad, sons of the erstwhile tenant Devilal by a registered sale deed dated 16-3-1968. Consequ