( 1 ) THIS first appeal, filed under Section 96 of the Code of Civil Procedure (for short 'the Code') is directed against the judgment and decree dated 19-1-1976 rendered by the 1st Addl. Judge to the Court of District Judge, Ratlam in Civil Suit No. 2-A/75 thereby dismissing the appellant's suit for partition and separate possession of the suit-houses.

( 2 ) THE factual matrix in brief is that the deceased Motilal and Gendalal were two real brothers. The elder brother Gendalal was unmarried and died issueless, on 24-10-54. The appellant-plaintiff Bherulal was born to Motilal from first wife. The two daughters (Chamelibai and Shantibai) and one son (Rajendra Kumar), respondents Nos. 2 to 4 were born to Motilal from his second wife, Ramkunwarbai (respondent No. 1 ). Motilal also died in 1969. The house situated in Kothari was, Ratlam stood in the name of the brothers Gendalal and Motilal whereas the other house situated as Station Road stood in the name of Gendalal alone. Bherulal came with a case that he was an adopted son of Gendalal (this plea is given up in this appeal ). On refusal of the demand of partition of these two houses, the appellant filed the civil sui