DIXIT, J.

These two appeals under S.23 of the High Court Act are directed against a decision of our learned brother Mehta J., whereby he modified the judgment and decree of the Court of District Judge, Ratlam, in a suit for partition of joint family property.

2. The suit was instituted by Rajmal s/o Khemchand against his brother Mishrimal, his mother Sudibai and the purchasers of a house from Mishrimal, which the plaintiff alleged to be a joint family property. Plaintiff claimed the partition of his one-third share in the house sold by Mishrimal and in other house property belonging to the joint family. The District Judge of Ratlam rejected the plaintiff's claim for one-third share in the house sold by Mishrimal to the purchasers Babulal and Rajmal. He however, gave to the plaintiff a decree for partition of one-third share in the other house property belonging to the joint family. The plaintiff then appealed to the High Court of the former Ratlam State. At the time of the establishment of this Court, the appeal was pending, in Ratlam High Court and consequently it was transferred to this Court.

The learned Single Judge of this Court who heard the appeal came to the conclus