JUDGMENT

P. K. MISRA, J. — Plaintiff has filed this appeal. The suit was filed for partition of properties as described in Ka, Kha, Ga and Gha Schedules of the plaint. The plaintiff’s prayer for partition has been accepted by the trial Court in respect of Lot Nos. 1 and 3 of Ka Schedule and Lot Nos. 1 and 4 of Kha Schedule. The prayer for partition has been rejected in respect of Lot. No. 2 of Ka Schedule and in respect of the entire Ga and Gha Schedule properties. So far as Lot Nos. 2, 3, and 5 of Kha Schedule are concerned, it has been held that the plaintiff alone is entitled to such properties. The plaintiff is aggrieved by the refusal of the trial Court to partition Lot No. 2 of Ka Schedule and Ga and Gha Schedule properties. The decree of the trial Court in respect of other properties having not been challenged by any of the parties has become final and the present appeal is confined only to Lot No. 2 of Ka Schedule and Ga and Gha Schedule properties.

2. The cases of the rival parties relating to the aforesaid disputed properties now involved in appeal are only required to be discussed. There is no dispute that plaintiff and defendant No. 1 are two brothers and Gajendra was t