JUDGMENT

Satish Chandra, J. - This is defendant's appeal. It arises out of a suit for partition of several kinds of 'properties. The plaintiff claimed a half share in house properties, brick-kiln, bullock-carts, animals, foodgrains and also sirdari holding. In defence the plaintiff's share was denied and it was claimed that the appellant was the exclusive owner of the properties in suit. The trial court held that the plaintiff has established that he had a half share in the properties. It accordingly passed a preliminary decree for partition of the plaintiff's one half share. The appellate court has confirmed the findings and the decree.

2. For the defendant-appellant it was urged that the present suit was instituted on 2nd June, 1956. The U. P. Zamindari Abolition and Land Reforms (Amendment) Act XVIII of 1956, which came into force on 28th May, 1956, had transferred the jurisdiction to entertain suits for partition of a sirdari holding from the civil court to a revenue court. With effect from 28th May, 1956, the civil courts could not entertain a suit under Section 176 of the U. P. Zamindari Abolition and Land Reforms Act for division of a holding. The present suit sought partitio