Sarjoo Prasad, J.

1. This appeal has been presented by the plaintiffs in a suit for partition in which the plaintiffs claimed partition of certain raiyati lands comprised in Khatas Nos. 109, 177 and 178 in village Jamri, pargana Pahra, District Gaya.

2. The facts giving rise to this appeal may be indicated as follows : One Jiyan Singh had five sons. The plaintiffs are sons of Ambica Singh, one of the sons of the said Jiyan Singh, whereas defendant 1, Girdhari, is another son of Jiyan, and defendants 2 and 3 are the sons of defendant 1. Defendants 4 to 11 are the descendants of the other three sons of Jiyan. It is the admitted case of both parties that the other sons of Jiyan became separate during the lifetime of their father, but Ambica, the plaintiffs father, and defendant l continued to be members of the joint family governed by the Mitakshara school of Hindu law. The plaintiffs case is that subsequently the plaintiffs father, Ambica, also became separate from the defendants but the disputed lands continued to be jointly in their possession, and, consequently, they were entitled to a partition of those lands. The plaintiffs further stated that these lands were the exclus