1. This is an appeal against the judgment & decree of Shri Gurcharan Singh, Senior Subordinate Judge, Gurgaon, dismissing the plaintiffs suit for possession by partition of certain immovable-property & for recovery of mesne profits by rendition of accounts.

2. The plaintiff Manohar Lal brought the suit against his brothers Onkar Das defendant No. 1 and Kidar Nath defendant No. 2 for partition of immovable property mentioned in schedules alif and be and certain plans attached to the plaint. He also sued for recovery of the amount of hiesne profits by rendition of accounts. He impleaded three other Dersons as defendants on the ground that they were cosharers in certain portions of the property in which the plaintiff and defendants Nos. 1 and 2 had also a share. The allegations made by the plaintiff were that the property sought to be partitioned belonged to the ancestors of the plaintiff and defendants Nos. 1 and 2 who were all cosharers in the same in equal shares, that the plaintiff was entitled to onethird of the property in suit, that it had become impossible to keep the property joint, and that the plaintiff was entitled to possession by partition of one-third of the pro