B. K. Rathi, J.

1. THE Suit No. 20 of 1972 was filed in the court of Civil Judge, Basti by the respondent No. 1 for the relief of partition of 1/3 share of respondent No. 1 in the disputed four houses, details at the foot of the plaint and for recovery of Rs. 2,136 being arrears of rent from defendants Nos. 1 and 2 and Rs. 840 as arrears of rent from defendants Nos. 6 and 7.

2. THE facts of the case in brief are that there was one Pati Raj Sonar, who left Smt. Yashoda as his widow and Tirath Ram as his son. Tirath Ram was married to Smt. Lakhraji, appellant No. 8. Tirath Ram died on 14.10.1967, leaving Smt. Lakhraji his wife, Smt. Yashoda Devi his mother, Smt. Kesari Devi and Smt. Kapura Devi, respondent Nos. 2 and 3 as his daughters. It is alleged in the plaint that after the death of Tirath Ram, Smt. Lakhraji re-married with Phagoo, who was appellant No. 1 in this appeal and died during the pendency of the appeal. That according to the custom prevailing in the locality regarding the community to which parties belong, Smt. Lakhraji divested of the property, which was inherited by her from her husband, Tirath Ram after re-marriage. That the plaintiff purchased the property f