R. N. MISRA, J.

( 1 ) THIS appeal by defendant No. 2 in a suit for partition assails the decree of the learned Subordinate Judge at Jeypore granting the plaintiff a decree both for partition as also mesne profits.

( 2 ) THE disputed property is a rice mill which once belonged to the members of the family consisting of defendants 1 to 14. Defendant No. 15, a stranger happens to be the purchaser of 1/5th share from the disputed property and the plaintiff subsequently purchased the remaining 4/5th share therein in satisfaction of his decree put into execution. Upon the executing court refusing to put the plaintiff in possession on the ground that he was a part purchaser and his remedy lay in asking for partition, the plaintiff sued for partition of his 4/5th share and asked to be put in possession. He also laid claim for mesne profits from the date of his purchase on 28th of January, 1967.

( 3 ) THE second defendant alone entered contest and inter alia raised two pointed contentions namely,

(i) a suit for partition of a single item of joint family property was not maintainable unless general partition was claimed; and (ii) Since the property was in possession of coparceners and pla