Lakshmikanta Jha, J.

1. This appeal by deft. 1 arises out of a suit for partition. The pltls. who are the grandsons of one Nath Sahay Singh, allege that they own 7 dams & odd share in tauzi No. 2542 in village Kendua, which has been included in Register D in the share, recorded in the names of (1) deft, 1, (2) defts 2 to 5(a), & (3) defts. 21 to 23(a) & 31 to 34, & their prayer is that a separate takhta of their share be allotted to them after partition. They have also claimed Rs. 449/12 as compensation for the period antecedent to the suit & future mesne profits till possession is delivered to them of their takhta in case they are found to be out of possession.

2. The trial Ct. has decreed the claim in favour of the pltfs. against deft. 1 & defts. 2 to 5(a) with costs, but dismissed it against other defts. A preliminary decree for partition has accordingly been made.

3. The pltfs. grandfather, Nath Sahay, owned 7 dams 3 kauris 12 bauris & odd share in tauzi No. 2542 in mauza Kendua & he was in possession of his share as co-sharer malik till he gave his share in ijara on 5-1-1904, to two persons, Lal Mohammad & Mulliok Turab Ali. This ijara was redeemed in 1920. One Mahendr