Ramaswami, J.

1. This appeal raises an important question in the Hindu law of inheritance. The plaintiffs brought the suit alleging that they were entitled to one tenth share in the properties of their deceased grandfather Kunj Bihari Singh and asking for a partition thereof. The relationship of the parties will appear from the following pedigree :

KUNJ BIHARI SINGH

______|_____________

| |

Thakur bairab Prasad Suresh Prasad Singh

(Deft. 1) (Deft. 5)

| |

| Sachitanand Singh

| (Deft. 6)

|_____________

________________|_____________

| | | | |

Birendra Narendra Dhirendra Hirendra

Prasad Pratap Pratap Pratap

Singh Singh Singh Singh

(Plff. 1) (Deft. 2) (Deft. 3) (Deft. 4)

|___________

|

Arbind Singh alias

Bachha Babu,

minor (Plff. 2)

It is the agreed case that in 1940 Kunj Bihari Singh partitioned his properties with his sons, Bhaira