(1) THE appellants and Tapeshari Kuer filed Title Suit No. 89 of 1972 renumbered as 22 of 1975 on the file of the court of III Additional Subordinate Judge, Gopalganj, State of Bihar for partition of plaint/Schedules 4 and 5 properties into two equal shares etc. One Bishni Mahto left behind him tow sons Sheobaran Mahto and Ramyad Mahto. Tapeshari Kuer is the daughter of Ramyad Mahto. Ramyad Mahto and Sheobaran Mahto while dividing their ancestral properties, kept/Schedules 4 and 5 properties in joint enjoyment. On the demise of Ramyad Mahto, Tapeshari Kuer succeeded to the undivided share of Schedules 4 and 5 properties. She executed gift deed in favour of the appellants on 28/06/1965 bequeathing her undivided interest inherited from her father in respect of Schedule 4 properties and it is claimed that the appellants were put in possession of the same. The trial court by decree dated April 10, 1976 granted a preliminary decree with a declaration thus:

"... It is declared that the share of plaintiffs 1 and 2 together is half in the property mentioned in Schedule 4 of the plaint. It is further declared that the share of plaintiff 3 Mst Tapeshari is half in the property m