Judgment

SHAH, J. : This is an appeal filed with certificate granted by the High Court of Patna under Article 133 (1) (a) of the Constitution, and that appears to be the only justification for the appeal to be on the file of this Court.

2. One Bideyanath Misir died many years ago leaving him surviving five sons - Makund, Mohan Lal, Basudeo, Ranu and Bouku. Mohan Lal relinquished his interest in the property of the joint family. Ranu died on November 9, 1913, leaving him surviving his wife Alikrani and no lineal descendants. After the death of Makund and Basudeo, Bouku and his sons and grandsons instituted, in the Court of the Subordinate Judge, Darbhanga, an action for partition and separate possession of their share in the properties described in the Schedule to the plaint on the plea that the properties were of the joint ownership of the parties. The plaintiffs claimed a half share in the properties on alleging that they were entitled to a fourth share in the right of Bouku and another fourth share of Ranu which had after the death of Ranu been entered in the name of Bouku, and income whereof was appropriated by him. The suit was defended by the sons of Makund and Basudeo. They con