JUDGMENT :

1. This second appeal has been filed against the judgment and decree dated 18.7.1988 passed by Civil Judge, Jhansi in Civil Appeal No. 201 of 1985 (Ganesh Prasad and others vs. Ramesh Singh and others). Learned appellate court has allowed the appeal filed against the judgment and decree dated 30.9.1985 in Original Suit No. 70 of 1976 (Ganesh Prasad and others Vs. Ramesh Singh and others) set-aside the judgment and decree of the trial court by which the original suit was dismissed and has decreed the suit of plaintiff for partition for a share of 3/8 in the disputed shop.

2. In brief the facts are as follows:-

Ganesh Prasad and others filed a suit for partition before the trial court. It was pleaded that Chiranji Lal, father of plaintiff nos. 1 and 2 and defendant no. 1 and husband of plaintiff no. 3 was tenant in possession of shop no. 393/2 Chamanganj Sipri Bazar, Jhansi and was running a barber shop. Defendant no. 1 also worked with him. Plaintiff was employed in railway and whenever he got time and opportunity he also performed the hair cutting work and plaintiff no. 2 also cooperated in the said vocation. Chiranji Lal died on 23.8.1974. After the death of Chiranji Lal p