Challenging the final decree in a suit for partition, the plaintiff is in appeal.

2. The grievance of the appellant-plaintiff is regarding the correctness and acceptability of Ext.C3 series Commissioner's Report. The trial court had accepted the report and passed final decree in terms thereof.

3. We have heard the learned counsel on either side.

4. The preliminary decree reads thus :-

“1. That plaint A schedule properties and D schedule properties except item Nos.5, 10, 11, 16 to 18 and 20 to 22 are ordered to be divided into 8 equal shares out of which plaintiff and 4^th defendant do entitled to get 2/8 shares each and other defendants do entitled to get 1/8 shares each.

2. That the allotment of shares to the defendants do made subject to payment of court fee towards their share.

3. That it is further observed that the equities and reservations if any do considered during the final decree stage.

4. That the costs do come out of the estate. 5. And that the suit is adjourned sine die.”

To effect partition in terms of the preliminary decree, the Commissioner filed Ext.C3 series report and plans. According to the appellant