JUDGMENT

S.B. Sinha, J.—

Plaintiffs in a suit for partition are appellants before us. The dispute between the parties relates to three items of properties described in Schedules ‘A’, ‘B’ and ‘C’ of the plaint.

2. Shorn of all unnecessary details the fact of the matter is as under :-

Azimganj Raj Estate belonged to Raja Bejoy Singh Dudhoria. He died in 1933. He was survived by two sons namely Kumar Chandra Singh Dudhoria (KCSD) and Kumar Padam Singh Dudhoria (KPSD) who succeeded to his estate. On or about 16.10.1953 a mutual partition was entered into between KCSD and KPSD. Some joint family immovable properties were divided and allotted between them on 50 : 50 basis. It was also agreed that in future also on no account whatsoever there shall be any deviation from this allotment and they would equally share the profit and loss arising out of business.

3. KPSD died on 5.05.1968 and was survived by his widow Rani Aloka Dudhoria and seven daughters, appellants herein except Seema Dudhoria, the original plaintiff No. 6. Respondents are heirs and legal representatives of KCSD.

4. On or about 5.07.1977, a suit for partition was filed by the appellants against KCDS and his sons, which was