K.A. SWAMI, C.J.

1. This appeal by the first defendant is preferred against the Judgment and decree dated 21.9.1992 passed in A.S. No. 442 of 1982 and Cross Objection by the learned single Judge.

2. The appeal arises out of a suit for partition and separate possession filed by one Sikkandar, who died during the pendency of the suit and his legal representatives have been brought on record. The trial Court decreed the suit in the following terms:

“In the result, there will be a preliminary decree for partition and separate possession of the plaintiffs 4/7th share in suit items 1 to 3 and 5 to 7. The plaintiffs are also entitled to 4/7th share in the redemption of other amount of Ex. A.14, i.e., in Rs. 700/- due to the joint family from the first defendant. It will be adjusted at the time of passing of final decree for partition by way of equity. The suit in other respects is dismissed. In the circumstances of the case, both parties are directed to bear their respective costs.”

3. Aggrieved by the judgment and decree of the trial Court, the first defendant preferred A.S. No. 442 of 1982 and the plaintiff in the suit preferred Cross-Objections to the extent he was denied of s