Judgement

RAY, J. :- This second appeal has been filed by defendant 1 against the concurrent judgement of the courts below decreeing the plaintiff's suit.

2. Plaintiff, defendants 1, 4 and 5 are members of a joint Hindu family as would appear from the genealogy given below.

3. The suit-property, sought for partition, comprises of paddy-lands and the homestead of the family, 0.25 decimals in extent. The dispute in the appeal between the parties is confined to the homestead, plot No. 1355, with an area of 0.20 decimals covered by lot No. 2, schedule Kha of the plaint, in respect of which the plaintiff has been allowed relief under S. 4 of the partition Act by the Courts below.

4. The point raised here is whether Section 4 of the Partition Act is applicable to the homestead covered by lot No. 2 schedule Kha as stated above. To decide this question a few facts, which are no longer in dispute, have to be stated.

5. Defendant 1 sold her entire share in the homestead and her interest in other properties of the family to defendant 5 by a Kabala dated 16-2-60. A few months later on 20-5-60, defendant 5 in her turn, sold all the lands got from her mother (D-1) to defendants 2 and 3 under Ext. A.