JUDGMENT :

ASHOK BHUSHAN, J.

1. This appeal has been filed against the judgment of Patna High Court dated 08.03.2017 in First Appeal No. 704/1976 by which the First Appeal filed by defendants to the suit has been allowed setting aside the judgment and decree of the trial court decreeing the partition suit.

2. The brief facts of the case which need to be noted for deciding this appeal are:-

Title Suit No. 406/1973 was filed by one Sheo Prasad Singh (Grandfather of appellant before us) and his three sons seeking partition of their 1/4th share in joint family properties described in Schedule B, C and D of the plaint. In the plaint, it was pleaded that plaintiffs and defendants are descendants of a common ancestor. Kalpoo Singh had four sons. Plaintiffs represented branch of Sheo Prasad Singh whereas defendants represented other three branches.

It was pleaded that there was a disruption in the joint family in or around 1963. Whereafter, all the branches of Kalpoo Singh separated in their mess, business and worship but cultureable land and residential houses remained joint. Order passed by Commissioner, Patna Division arising out of a proceeding for mutation on respective land was also in qu