Anurag Shrivastava, J.

This is first appeal under Section 96 of Code of Civil Procedure preferred by appellant/defendant No.1 against the judgment and decree dated 10.07.2000, passed by 11th Additional District Judge, Jabalpur in Civil Suit No.500-A/1994, whereby the Court declared the respondent No.1/plaintiff as owner of 1/3-1/3 shares in suit property shown in schedule 1 and 3 respectively and also owner of 1/6 share in suit property shown in schedule 2 of the plaint. The trial Court also passed a decree for partition and possession of respective shares of respondent No.1/plaintiff in suit property and also a decree for recovery of 1/3 part of rent since 12.08.1992 from appellant/defendant No.1 as mesne profit.

2. This is not disputed that the common ancestor of the parties Late Shri Sadashiv Rao Pohankar was the owner of suit property situated in Jabalpur and Village Purwa as shown in schedule 1, 2 and 3 annex to plaint. Smt. Yamuna Bai was his wife. They had one son Late Madhukar Rao and a daughter Smt. Sudha w/o Shri Krishna Kshirsagar. Smt. Ratna Prabha is second of wife of Madhukar Rao. There are two sons Yashwant and Mukund Rao and one daughter Sulakshana born from