S. RAMACHANDRA IYER, C.J. :- In this appeal the plaintiff in O. S. No. 818 of 1958 on the file of the District Munsif s Court, Tiruchirapalli, challenges the order passed by the lower Courts directing sale of the property, which formed the subject-matter of the partition, under the provisions of Section 4 of the Partition Act. The property was purchased by one Allah Baksh, who died leaving his son Sherfuddin and two daughters Asia Bibi and Razia Bibi, the respondents before us. The plaintiff Rukia Bibi who had purchased the half share of Sherfuddin, instituted the suit for partition and separate possession of her half share in the properties left by Allah Baksh. There was no contest on the question that the plaintiff was entitled to the half share claimed by her or even to the partition. The advocate appearing for the defendants had even endorsed on the plaint that he was not contesting the right of Rukia Bibi to partition or to the quantum of share that she would be entitled on such partition. Accordingly, a preliminary decree for partition was passed on 11-6-1959. A Commissioner was appointed in pursuance of the preliminary decree, to submit a report suggesting the mode