Poonam Srivastav, J.-This is defendant's first appeal arising out of the judgment dated 21st February, 2007 and decree dated 21st February, 2007 passed by Sub-Judge-VI, Ranchi in Partition Suit No. 93 of 2002 (Nalini Ranjan Mukherjee vs. Priti Ranjan Mukherjee & Another).

2. The suit preferred was a partition suit against defendant Priti Ranjan Mukherjee alone. Subsequently, defendant no. 2 Sukh Ranjan Mukherjee was also arrayed as defendant no. 2 during the course of the proceedings. The parties to the suit are real brothers. The reliefs sought was for partition of the suit property and a further request for putting him in possession of his share. The dispute is in respect of plot no. 1361 of holding no. 498 at Bardaman Compound, P.S.-Lalpur, District-Ranchi. Plaintiff claimed to have purchased the said property by means of registered sale deed from one Kali Das Chatterjee on 22nd May, 1965. The construction over the said property is claimed by the plaintiff to be made jointly by the plaintiff and defendant. The plaintiff further stated in the plaint that there was another living brother, namely, Priya Ranjan Mukherjee at the time of construction of the house, who expired a