K.L.Gosain, J.

1. This case has a some what chequered history. One Ram Narain Mahajan of village Shahjehanpur, tehsil Rewari, had eight sons Ganeshi Lal, Shugan Chand, Gouri Sahai, Bhuria Mal, Lalji Mal, Tulsi Ram, Gur Dial and Ram Dial. In course of time the family shifted to Delhi and Carried on business there in the locality known as Khari Baoli. The branch of Gouri Sahai became extinct by his death without leaving any issue. Joti Prashad grandson of Tulsi Ram and Sat Narain grandson of Gur Dial brought the suit giving rise to this appeal for partition of the property which they alleged belonged to the joint Hindu family of the descendants of Ram Narain. A preliminary decree was ultimately passed in the case on the 27th August, 1943, in which the plaintiffs share was held to be one-third and the defendants two-thirds (each of the defendant having one sixth). Ganeshi Lal defendant had spent Rs. 5,800/- to redeem a part of the property in dispute and had received a sum of Rs. 1,200/- on account of redemption of some mortgagee rights.

It was therefore, provided in the decree of the trial Court that the plaintiffs would pay proportionate amount out of the balance of Rs. 4,60