(1.) This appeal is directed against the judgment and decree passed by the first appellate court in A.S.No.40 of 1997 dated 26.02.1998 in confirming the judgment and decree passed by the trial court in O.S.No.246 of 1993 dated 30.08.1996 in preliminarily decreeing the suit for partition.
(2.) The appellant was the 1st defendant and the respondents were the plaintiff and 3rd defendant before the trial court. The 2nd defendant before the trial court died during the pendency of the first appeal and the plaintiff and the defendants 1 and 3 were recognised as Legal representatives of the deceased, 2nd defendant.
(3.) The case of the plaintiff before the trial court as stated in the plaint would be as follows: