JUDGMENT

Gangeshwar Prasad, J. - This is a Special Appeal from the judgment of a learned single Judge of this Court by which he dismissed defendants' First Appeal against a decree for partition of a house passed by the 1st Additional Civil Judge, Benares.

2.The suit giving rise to the appeal was instituted by Gopal Ram against the other members of his family. Gopal Ram is now dead and his widow Smt. Radha Bahu has been substituted in his place as his heir and legal representative. The following genealogical table would show the relation. ship between the parties and will be helpful in appreciating the controvercy raised in the suit.

3. Jadduji, it would be seen was the common ancestor of the parties. The admitted facts of the case are that the four brothers, Mathura Nath, Kashi Nath, Sita Ram and Ram Narain, inherited a house from their maternal grand-father in equal shares. Out of these brothers Lakshmi Nath was the first to die. Mathura Nath sold his one-fourth share in the house to his brother Sita Rain and, thereafter, Sita Ram brought a suit (No. 204 of 1919) in the court of the Subordinate Judge, Benares for partition of the house. A preliminary decree was passed in that suit