1. This second appeal is directed against the concurrent decisions of the Court below decreeing the plaintiffs suit.

2. The plaintiff brought the present suit for partition of his 5/6th share in the court-yard Deohri, platform and stair-case. The Courts have come to the conclusion that all these properties are joint of the plaintiff and the defendants. The plaintiff has 5/6th share therein and the defendants 1/6th, with the result that a preliminary decree for partition was passed by the trial Court and it was affirmed by the lower appellate Court.

3. The only contention raised by the learned counsel for the defendants is that these properties are impartible. For his contention reliance is placed on Shantaram Balkrishna V/s. Waman Gopal Wadekar, AIR 1923 Bom 85 and Nathubhai Dhirajram V/s. Bai Hansgavri, 1912 36 ILR(Bom) 379. In Shantaram Balkrishnas case the following relevant passage from Mitakshara was quoted:-

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"Other things exempt from partition have been enumerated by Manu. Clothes, vehicles, ornaments, prepared food, women, sacrifices and pious acts, as well as the common way, are declared not liable to distribution."

4. Vijnaneswara while dealing with each of the a