Hon’ble Rakesh Sharma, J.—Heard Sri Sankatha Rai, learned Senior Advocate, assisted by Sri J.P.Rai, learned counsel for the Defendant-Appellant. Sri P.C. Jain, learned counsel, has put in appearance on behalf of Plaintiff-respondents.

2. Through this Second Appeal, the appellant has assailed the judgment and decree dated 26.5.2004, rendered by the Ist Additional District Judge, Agra, in Civil Appeal No. 429 of 1997, Kunwar Narain Sharma v. Smt. Shanti Devi (Dead)/Smt. Prabhawati Devi. This Appeal arose out of a Suit for partition of House No. 28 (Municipal No. 39/79), Old Idgah Colony, Agra. The said Suit No. 186 of 1971, Kunwar Narain Sharma v. Smt. Shanti Devi, was brought by the respondent No. 1 herein, that is, Kunwar Narain Sharma, and was decided by the Trial Court, that is, VII Additional Civil Judge (S.R.), Agra on 20.10.1997. In the present case, both the parties are the legal heirs, son and daughters of a common ancestor, late Ram Narain Sharma, from his two wives.

3. The following admitted pedigree is relevant for the purposes of appreciation of the case :

Lekhraj

Chiranji Lal Hoti Lal

(died in 1943)

Laxmi Narain (Son) Smt.Bhagwati Devi Smt.Laxmi Devi