R.L. Khurana, J.—The above noted two Second Appeals arising out of the judgment and decree dated 11.11.1997 of the learned District Judge, Nahan, are being disposed of by this single judgment.

2. The appellants in both the appeals were the defendants while respondents 1 to 3 were the plaintiffs before the learned trial court. They are being referred to accordingly hereinafter,

3. In a suit for partition of joint property, being civil suit No. 5/1 of 1974, filed by one Kanshi Ram, the predecessor-in-interest of the present plaintiffs, a preliminary decree for partition was passed on 19.9. 1986. The shares of the parties were determined as under:—

1. Plaintiff — l/3rd share.

2. Defendants No. 1 and

2. — l/3rd share.

3. Smt. Jawala Devi (deceased defendant No. 3). l/3rd share.

4. Defendant No. 1 Om Parkash assailed the preliminary decree dated 19.9.1986 by way of an appeal before the learned District Judge, Nahan. Such appeal was dismissed on 19.7,1987. Thereafter, the plaintiffs applied for passing a final decree on the basis of the preliminary decree. During the pendency of the application for passing the final decree, various local commissioners were appointed to partition the pr