Hon’ble Shiv Charan, J.—Both the above mentioned second appeal have been instituted against the judgment and decree dated 26.8.2006 passed by Addl. District Judge/Special Judge (E.C. Act), Azamgarh, in Civil Appeal No. 290 of 1993. As both the appeals have been filed against the judgment of Civil Appeal No. 290 of 1993. Hence both these second appeals are disposed of by a common order. The perusal of the pleadings and judgments of the Court below shows that O.S. No. 76 of 1976 was instituted by Vishwa Nath Prasad and Mangal Prasad for partition of the property of Joint Hindu Family described in the schedule at the foot of the plaint. And it has been alleged in the plaint that there was joint family of the parties and Raghunath Prasad died about 30 years earlier that there was also a joint business of the family. That out of the income of the joint family, properties were purchased by the joint family and hence the entire property is joint. That defendants are not agreed for the partition of the property, hence necessitated to file the suit. The defendants contested the suit and filed the written statement. And it has also been alleged that in between the plaintiffs and the