1. This second appeal is preferred by the original defendant no.1, he having lost before the District Judge in the first appeal. The parties shall hereinafter be called as the plaintiffs and the defendants.

2. The facts shorn of details are as follows

The plaintiffs and the defendants are sons of one Rajaram Lambat. Rajaram Lambat held joint family property. In order to avoid there being any dispute between family members, all members of the family decided to effect the partition. Accordingly, a partition took place between the plaintiffs, defendants and their father and their another brother. The said partition took place on 23/12/1974 and it was reduced to writing. It is a registered partition-deed. Share was allotted to each one of the sons of Rajaram as well as to Rajaram. However, no share was allotted to the wives of Rajaram and they had signed the partition-deed giving their consent for not allotting any share to them. One of the conditions of the said partition-deed was that the property that has fallen to the share of Rajaram would go to the two plaintiffs and defendant no.1. Rajaram died on 27/1/1983. The plaintiffs submit that, therefore, the property left beh