JUDGMENT :

J.J. Munir, J.

This is a defendant's second appeal, arising out of a preliminary decree passed in a suit for partition.

2. Original Suit No. 22 of 1976 was instituted by Shaukat Ali, arraying Nasiban Bibi as defendant No. 1 and Rasheed @ Kallu, Shaukat Ali's son as the second defendant. Jogendra Nath @ Lahiri and Lallu were arrayed as defendant Nos. 3 and 4 to the suit and Jamir Ahmad @ Jhamman Driver as the fifth defendant.

3. Shaukat Ali sought partition of the four houses, shown in Schedule A to the plaint. The relief of partition is confined to Shaukat Ali, defendant Nos. 1 and 2. The other three defendants have been impleaded for reasons that shall be shortly indicated. The four houses set out in Schedule A to the plaint shall hereinafter be referred to as 'the suit property'.

4. The plaintiff pleaded a pedigree to indicate the relationship between himself and defendant Nos. 1 and 2. The said pedigree, set out in Paragraph No. 1 of the plaint, is detailed below: