JUDGMENT :- The plaintiff is the appellant, in this second appeal, from a decision of the learned District Judge of Cuttack, whereby he dismissed the plaintiffs appeal from a decision of the learned Munsif of Cuttack, and held that the plaintiff is not entitled to any relief under Sec. 4 of the Partition Act (Act IV of 1893) on the facts and in the circumstances hereinafter stated.

2. The suit property relates to one residential Gharbari plot in which the plaintiff and his brother the defendant No. 4 have jointly eight annas share and the defendant No. 1 had the remaining eight annas share therein, which ultimately was sold to the defendants Nos. 2 and 3 as hereinafter stated. A geneological table showing the relationship of the parties, - other than defendants 2 and 8, who are outsiders - is set out as follows :

The plaintiffs case, shortly stated, is this : There was no partition of the family by metes and bounds; there was, however, severance of the joint family being separate only in mess and residence; the plaintiff and his brother, for convenience have been living on the western part of the Gharbari plot and defendant No. 1, the other co-sharer residing on the eastern portion o