A.N.Ray, J. - (1.)-In this appeal a point of first impression arises, amongst others, whether thika tenancy is partible amongst joint tenants who have inherited the original thika tenant's rights.
(2.)The point arises in the appeal before us which was preferred from a decree passed in 1992 in a suit instituted in 1978 allowing partition, and passing a decree in preliminary form, declaring 12 annas share as owned by the plaintiff No. 1 and the balance 4 annas by the defendants.
(3.)There have been substitutions in this matter. The plaintiff No. 1 was substituted by her three successors after she died after passing the preliminary decree.
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