JUDGMENT :- This is a plaintiffs Second Appeal in a suit for partition of a small double storeyed house, the division of which, according to the common case of the parties, cannot be reasonably and conveniently made. The plaintiff wanted that the first defendant be directed to sell one-half share, which the latter had purchased from the plaintiffs brother for Rs. 3,000/- by a sale-deed dated the 20th July, 1970. The plaintiff claimed that Section 4 of the Partition Act was applicable and the trial Court having accepted the plaintiffs contention decreed the suit giving the plaintiff benefit of Section 4 of the Partition Act by directing the first defendant to sell his share to the plaintiff on deposit of Rs. 3,500/- to be made by the latter within two months from the date of the trial Courts decree. It may be noticed that the second defendant, who is the second defendant-respondent in this Court, was a tenant of a shop forming part of the property, and had thus no direct interest in the litigation.

2. The lower appellate Court found that Section 4 of the Partition Act was not applicable; inasmuch as the present suit was not by the transferee stranger to the family, but by the remaini

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