JUDGMENT

Tudball and Kanhaiya Lal, JJ. - This is an appeal by one defendant out of a large number of parties to a partition suit instituted in the Civil Court. Gobind Ram, Hari Ram and Anand Ram sued for partition of their shares in certain properties claiming a three-fifths share therein. The property consisted of house property and some zamindari and other miscellaneous properties. Among the items of properties which they sought to divide were three items, namely khata khewat No. 35, khata khewat No. 65 and khata khewat No. 66 in qasba Meerut. While the suit was pending Anand Ram died and was succeeded by his two daughters, Musammat Bhagwanti and Musammat Sita. A preliminary decree for partition was passed on the 17th of September, 1913, under which the three plaintiffs were held entitled only to a one-fifth share and not to the three-fifths that they claimed. While the suit was pending, i.e., on the 14th of February, 1912, Hari Ram and Anand Ram sold to one Ram Saran Das a two-fifths share in khata khewats Nos. 35, 65 and 66 which they claimed in the suit. This of course was prior to the preliminary decree. On the 20th of February, 1912, Gobind Ram sold his one-fifth share that is claimed in the same three properties to Ram Chandar Sahai. On the 15th of August, 1912, Ram Saran transferred to Ram Chandar Sahai the rights and interests that he had acquired from Hari Ram and Anand Ram on the 14th of February, 1912. In this way Ram Chandar Sabai purported to have acquired the whole three-fifths share claimed by Gobind Ram, Hari Ram and Anand Ram in the three khatas mentioned. On the 21st of February, 1914, i.e., after the preliminary decree, Ram Chandar Sahai sold to Kalyan Singh all the interests that he had acquired in these three khatas, He purported to sell a three-fifths share therein. On the 26th of March, 1917, Kalyan Singh transferred his rights and interests to the present appellant, Musammat Mahmud Jahan Begam. In his sale-deed he sets forth all the previous transfers made by Gobind Ram, Hari Ram and Anand Ram of a three-fifths share; the fact that they have been held to be owners only of a one-fifth share was set out plainly and simply and also that he transferred his interests to the present appellant. Up to that time no final decree ha 1 been prepared. The preliminary decree came up to 'this Court on appeal, where in was upheld, and that no doubt explains the delay in the preparation of the final decree. The present appellant was made a party to the suit on the 10th of April, 1917. On the 20th of April, 1917, all the other persons who were parties to the suit filed, a petition of compromise in the. court below in respect to what they considered as the Dan-zamindari property, setting forth certain lots and, asking that those lots might be decreed to those persons to whom they had been allotted by the compromise, As for the zamindari property it was held that it could only be divided by the Revenue Court under the terms of the Land Revenue Act. Mahmud Jahan Begam was no party to that compromise and if that compromise had dealt only with the property which was apart from the share acquired by her in khata khewats Nos. 35, 65 and 66, then she was not a necessary party to it. Her rights and interests were divisible by a partition in the Revenue Court. Mahmud Jahan Begam raised at least two objections with which we are concerned in this appeal. An examination of the plaint will show that there are attached to that plaint two or three lists of property. List A was a detail of immovable non-zamindari property, item 10 of which was a parao or an encamping ground together with thatched shops, for the sale of chaff and fuel, situated in the city of Meerut bounded as below. In list B item No. 8 was 5 bighas 12 biswas pukhta of land bearing a jama of Rs. 65, entered in the khewat as a khata khewat No. 65 situate in the resumed Lakhiraj mahal in qasba Meerut, district Meerut. Mahmud Jahan Begam's first plea was that this parao is