JUDGMENT :- This is a plaintiffs Second appeal in a suit for partition. The parties are brothers. The dispute relates to a house, the site of which was purchased on 21st August. 1941 for of consideration of Rs. 1,000/- in the joint name of both the brothers. The construction of the house began in 1947 and was completed by 1948. The defendants case was that the house belonged to him exclusively. He had purchased the land from his own separate funds, but the mother of the two brothers. the father being dead, desired that the name of the plaintiff should also be entered in the sale deed and the defendant acquiesced in the wishes of the mother, on the assurance that the plaintiff would pay his share but that was never paid.

2. It is undisputed that there was no partition between the brothers at any time after their fathers death and they had continued to remain joint in estate. It is a different matter that both the brothers were employed and besides the ancestral property they had taken up employment to eke out their livelihood. The family to which they belonged possessed some 34 bighas, 14 biswas of agricultural land. The case comes from district Meerut. It does, however, appear that

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