Hon’ble S.U. Khan, J.—Heard learned counsel for the parties.

This appeal under Section 96 C.P.C. has been preferred against decree dated 15.1.1980 passed by II Additional District Judge Pratapgarh in Regular Suit No. 38 of 1973 through which the suit was decreed. The appeal has been filed by four out of five defendants in the Suit which was instituted by respondent No. 1, Asharfi Lal. Defendant No. 5/ respondent No. 2, Shyam Lal supported the case of the plaintiff respondent No. 1. All the six parties in the suit were brothers and sons of Gazidin. Gazidin had two wives. Plaintiff respondent No. 1, defendants appellants No. 1 and 2, and defendant No. 5/ respondent No. 2 were from his first wife and defendants appellants No. 3 and 4 were from second wife. The suit was filed for partition of plaintiff’s one sixth share in three properties described as items No. 1, 2 an 3. Item No. 1 consisted of Ahata situate at Paltan Bazar village Belhaghat. Regarding this item learned counsel for the appellants during arguments stated that his clients had agreed for giving one sixth share to the plaintiff in this property. Item No. 2 consisted of a pucca house No. 41 situate at village Bali