( 1 ) THIS is a plaintiffs appeal against a decree modifying the final decree in a suit for partition.

( 2 ) THE preliminary decree was passed on 18 8-1941, in which the shares of the parties who represent two different branches of the same family were indicated in equal moieties. That decree became final on 21-9-1942. On 10-12-1942, the final decree was passed. This was modified on appeal on 19-7-1944 by the lower appellate Court, and the present appeal is against this last decree.

( 3 ) AS usual, a commissioner had been appointed before the final decree was passed by the trial court to divide the properties, and he made two lots of the same, A and B, the one for the plaintiffs and the other for the defendants. This allotment was accepted by the trial Court, and, on the basis of it, it passed the final decree on 10-12-1942 as already mentioned.

( 4 ) THE present appeal raises only three points, relating respectively. (1) to a decree standing in the name of Sanman Datt, defendant 3, for Rs. 733-12-6 (2) to an agricultural holding measuring five bighas of occupancy land recorded in the name of tirath Raj Misra, defendant-respondent 1 and (3) to mesne profits for th