JUDGMENT :

1. The issue involved in the instant second appeal revolves around the scope and ambit of Section 4 of the Partition Act, 1893.

2. The present second appeal has been preferred by the plaintiffs/appellants being aggrieved against the judgment and decree dated 14.02.2017 passed by the First Appellate Court in Regular Civil Appeal No. 63 of 2016 whereby the Lower Appellate Court allowed the defendants appeal and set aside the judgment and decree dated 20.01.2016 passed by the Civil Judge, Senior Division, Lucknow in R.S. No. 436 of 2009 whereby the counter claim of the defendant was denied, as a result the counter claim has been decreed.

3. The instant second appeal was admitted on the following two substantial questions of law which read as under:-

"i. Whether the valuation of share of the stranger in house of the shareholder must be made by the court on the date of judgment determining the respective shares of the transferee and the co-sharer ? If yes, its effect on the decree passed by the lower appellate court.

ii. Whether the "Undertaking " must be un-conditional ? and if yes whether the absence of any finding recorded by lower appellate court in favour of the present resp