(1.) The plaintiff is the appellant against a confirming judgment in a suit for partition.
(2.) The plaintiff and defendant are brothers. They are sons of Somanath Bhotra. The suit properties are the ancestral properties of the parties. The same fell to the share of their father in an earlier partition between his father and Tularam Bhotra. There was no partition between them by metes and bounds.
(3.) Defendant filed a written statement stating, inter alia, that there was a previous partition of the suit properties.