J U D G M E N T

The defendants in a final decree application are the appellants. A modified preliminary decree was passed by this Court in RSA No.973/2007, as per which 8/14 share was allotted to the plaintiff over plaint A schedule item No.1. The plaintiff therein filed R.P.No. 838/2010 before this Court, as per which it was also held that the plaintiff is entitled to 1/7 share over plaint A schedule item No.2. It was stated that the residential house of the plaintiff is situated on the northern side of plaint A schedule item No.1. It was observed by this Court in RSA No.973/2007 that the plaintiff's 8/14 share in plaint A schedule item No.1 shall be allotted adjacent to his residential house.

2. The final decree petition was filed by the plaintiff. It was contended by the defendants that the plaintiff's mother who had obtained patta in respect of item No.2 of the plaint A schedule had gifted that property to the 5th defendant and her sister and therefore, item No.2 is not partible. Since the preliminary decree was already passed and since that became final, those contentions are found to be beyond the scope of enquiry in the final decree application.

3. The other contention that was