( 1 ) THE defendant has come up in appeal against the judgment of III Additional Civil Judge, Varanasi dated 20-8-1979. The plaintiffs suit for partition and for cancellation of a will has been decreed by the Court below.

( 2 ) HOW the parties are related can be better appreciated from the pedigree as set out below :

( 3 ) THE suit was filed by the widow of Ratan Lal and one of his minor sons Ashok Kumar for separation after partition of their 1/3rd share in House No. K- 11/144 and 3/8th share in another house No. K-11/15. It is alleged that property No. K-11/15 was purchased by Radhey Lal through a sale deed dated 9-5-1918 (Ext. 6 ). Radhey Lal gifted it to his wife and three sons, to each equally. through a registered gift deed dated 16-8-1921 (Ext. 7) each getting 1/4th share therein. The other house K-11/14 was purchased under separate sale deeds 2/3 rd share therein was purchased from Narain Singh and others on 1-8-1923 (Ext. 8) and the remaining 1/3rd from one Ganeshi vide sale deed dated 13-7-1923 (Ext. 9 ). The sale deeds were in the name of the sons of Radhey Lal, of whom only Bal Kishan was then major, other two being minors. The plaintiffs case is that by