JUDGMENT

Heard the parties.

2. This Appeal is preferred against the judgment and decree of reversal passed by learned 1st Additional District Judge, Hazaribag in Title Appeal No. 33 of 88 dated 17th September, 1990 whereby and where under, learned Lower Appellate Court has allowed the appeal and set aside the judgment and decree passed by learned trial court in Partition Suit No. 83 of 1984 / 40 / 1988 dt. 12.04.1988 passed by learned Sub Judge, V, Hazaribag and dismissed the suit of the plaintiffs. At the time of the admission of this appeal vide order dated 17.02.1994, the following substantial questions of law were framed:

(a) Whether the finding of the learned court below that it was for the appellant to prove that there was no partition, can be sustained in law?

(b) Whether there can be a partial partition between the parties and whether from partial partition, it can be inferred that there was a complete partition?

3. The case of the plaintiffs in brief is that the plaintiffs and the defendants are the descendants of the common ancestor of Ghutku Teli and Ghutku Teli had two sons, Dhani Teli and Dharam Teli. The plaintiff is the grand-son of Dharam Teli while the defend