NARASIMHAM, J.

( 1 ) THIS is an appeal by defendant No. 1 against the decision of the Subordinate judge of Berhampur decreeing the plaintiff's suit for partition of the properties described in Schedules 'a' and 'b' of the plaint and for other consequential reliefs.

( 2 ) DEFENDANT No. 1. is the widow of the T. Ramayya Naidu who died intestate on 17-12-46. The plaintiff is their only SOL. He, separated from his father on 19-91938 after executing a registered deed of partition by which the disputed properties described in Schedules 'a' and 'b' of the plaint fell to his father's share. The plaintiff has a sister named Kalimoui and in the deed of partition between the father and the son it was provided that each of them should contribute Rs. 3,000/for her marriage expenses. For some reason or other, her marriage was not solemnised during the life-time of ramayya Naidu. After his death, the plaintiff's mother, (defendant No. 1) performed the marriage of Kalimoni on 22-4-1947 and for that purpose she sold half share of their house described in Schedule 'b' to defendant No. 2 for a sum of rs. 10,000/ -. The plaintiff alleged that there was no legal necessity for such sale, that he had a