JUDGMENT

In furtherance of the preliminary decree, a final decree was passed at the instance of second defendant and the share of the plaintiff was allotted in the plan annexed to the decree which comes to an extent of 8.34 cents with notations E,F,G,H,E plots. The remaining area, A,B,C,D,E,F,A ie., plot No.A having an extent of 16.69 cents was allotted jointly to the defendant.

2. A final decree was passed totally against the mandate under the preliminary decree, firstly on the ground that the building situated in the property was not divided by metes and bounds for the purpose of giving 1/3rd share of plaintiff by metes and bounds. It is a suit for partition initiated by the plaintiff for getting 1/3rd share over the property by metes and bounds. In the final decree, no such property was given to the plaintiff dividing the property by 1/3rd share by metes and bounds. On the other hand, a joint plot was given jointly to the plaintiff and the first defendant overlooking the preliminary decree. Hence, the final decree is hereby set aside. The matter is remanded back to the court below for the purpose of passing a decree in accordance with the preliminary decree by separating 1/3rd sh