( 1 ) THIS is the second appeal against the judgment and decree dated 31/05/1982 passed by the then learned V Additional District Judge,hardoi dismissing the appeal and confirming the judgment and decree passed by Munsif East, Hardoi in Regular suit No. 113 of 1978.

( 2 ) THE facts giving rise to this appeal are that the original plaintiff-appellant had filed the suit for partition on the allegations that one Sheikh Angne had two wives and that Maula Bux plaintiff-appellant and Ilahi Bux defendant-respondent are the sons of Sheikh Angne from the second wife. It is alleged that by means of oral gift Sheikh Angne had in his life time partitioned his whole property amongst his sons on 18-9-1932 and in accordance with each had come in the possession of the property so given and mutations in papers were also made. The plaintiff appellant has in para 3 of the plaint mentioned the properties which were given to him (Mula Bux) and to the defendant Ilahi Bux. It shows that Gondhar and Nalewala groves were given to the plaintiff and the defendant half and half and that in bangkala the plaintiff and the defendant had 1/4 share each and that Jogin Bali grove was given to the p