( 1 ) THIS second appeal filed by the appellant Rewabai. who is now being represented by her legal representative Suresh. is directed against the judgment and decree dated 4th October. 1971 passed by the Addl. District Judge. Barwani. in Civil First Appeal No. 32-A of 66. whereby he set aside the judgment and decree of the trial court which had dismissed the plaintiff respondent's suit for possession of the suit house, agricultural lands and cattle as per schedules A. B and C annexed to the plaint. which are in possession of the defendant and in the alternative for permanent injunction and declaration that the decree of partition in C. S. No. 1 of 38 is void and inoperative against the plaintiff.

( 2 ) FACTS giving rise to this appeal, may be stated, in brief, as under: Chhitar had two sons Roopa and Gopal. These two sons Roopa and Gopal had orally partitioned their ancestral property near about 1928-29. Roopa had two wives, namely Jamna Bai and Rewa Bai, the defendant. Roopa died in October. 1933. Admittedly the property in Schedules A. B and C fell into the share of Roopa. All these facts are not disputed. The defendant Rewa Bai filed C. S. No. 1 of 38-39 against