ORDER :- The defendant in O.S. No. 439 of 1967, Sub-Court, Coimbatore, is the petitioner in this civil revision petition. That suit was instituted by the respondent herein for partition and separate possession of his 66/80 share in respect of a house The petitioner, his mother, his two brothers and four sisters were the owners of that property and all of them, excepting the petitioner, executed sales of their shares in the house in favour of the respondent herein, who was stranger to the family. Pursuant to such sales and claiming that the respondent was in joint possession of the house along with the petitioner, the suit for partition, referred to earlier, was instituted by the respondent herein on 5-9-1967. On 16-12-1968, the parties put into court a joint memo to the effect that a preliminary decree for partition may be passed; but the question of past and future mesne profits may be relegated to the final decree proceedings. In accordance with that, the learned Subordinate Judge, Coimbatore, passed a preliminary decree as under :

"(1) That the plaint mentioned properties more fully described hereunder be divided into 80 equal shares and the plaintiff be allotted 66 such