LINGARAJA RATH, J.

( 1 ) THE remand of a suit brought by respondent 1 for enforcement of his right under S. 22 (1) of the Hindu Succession Act with prayer for permanent injunction in respect of transfer of the suit property in favour of respondent 2 or to any other person and for a mandatory injunction, against the appellant to execute a registered sale deed in respect of 'a' schedule land of the plaint at a price to be fixed by the court and for ancillary and consequential reliefs has goaded the defendant 1 appellant to prefer this appeal. Admittedly, respondent 1 and the appellant are brothers being the sons of one Giridhari. It was the case of the respondent 1 that the suit property consisting of residential house and a back courtyard was the joint family dwelling house of both parties and that after the death of their father both the parties though had amicably partitioned the property by a registered deed of partition on 20th January, 1970, yet no demarcation had been put to indicate the partition by metes and bounds. The municipal holding had also not been bifurcated and taxes and rent were being paid jointly he appellant had executed an agreement with the respondent No. 2-de