JUDGMENT

1. One Maulvi Sami Ullah Khan died on the 7th April, 1908, and after his demise disputes arose between his two sons who were his heirs. The younger son M. Majid Ullah Khan, brought a suit for partition claiming half of the property and Rs. 1,200 on account of certain carriages and other moveables. His right to partition was recognised by a decree of the Chief Court, dated the 13th January, 1917, and a preliminary decree was granted. Ever since then the two brothers have been fighting as to the mode of partition and as to what each one was entitled to, of the moveables. On the 6th June, 1917, Mr. Murari Lal passed an order detailing the amount payable to each other by the parties, and in dealing with the immoveable property (which consists of a Kothi at Aligarh and six shops in Gali Batasha in Delhi), he found that the Gali Batasha property was capable of partition and that, therefore, there was no necessity to apply the provisions of the Partition Act thereto. With respect to the Kothi at Aligarh he found that there was not sufficient material on the record to decide whether the Partition Act should be applied or not, and directed that a Commission should be appointed throu