Here, the Appellate Court found that the entire extent of property available is 51.860 cents and there is shortage of 38.26% in the total extent. Accordingly, by adjusting proportionate reduction in the C-schedule, the remaining extent available for partition was found only as 14.82 cents, of which the legal heirs of the original 1st defendant held entitled to get ½ share on the strength of the gift deed and the plaintiff is entitled to get remaining ½ share. The shortage in extent was found by Commissioner in Ext.C1 report and Ext.C1(a) sketch and nobody raised any objection to the said finding of the Commissioner and Surveyor. So, the facts remain is that, in the case at hand, the property available for partition, in view of the finding of this Court in R.S.A. No.656/2010 is only 14.82 cents. Therefore, the Appellate Court rightly allowed the suit and counter claim in part confining the partible extent of land to the actual extent available. Thus, it appears that the Appellate Court rightly adjudicated the dispute with reference to the available extent of land with certainty to avoid complication during final decree stage and the said
