Reuben, J.

1. This appeal by the defendants is directed against a preliminary decree for partition. The appellant No. 1 Shiakishori Kuer is the widow of Lachminandan Sinha, one of Whose sons is Ratneshwarinandan, defendant No. 1, whose sons Parmeshwarinandan and Awadheshwarinandan are defendants Nos. 5 and 6. Lachminandan had another son Vindeshwarinandan, deceased, whose sons are Bisheshwarinandan, defendant No. 2, Ishwari-nandan, defendant No. 3 and Kameshwari-nandan, defendant No. 4. Bhairvinandan, plaintiff No. 1 and Kamleshwarinandan, plaintiff No. 2, are the sons of Kalikanandan, deceased, the brother of Lachminandan. Baidya-nathnandan, father of Lachminandan and Kalikanandan, had a brother Girjanandan, who died leaving no heirs.

2. The family was formerly a joint Hindu family governed by the Mitakshara law. There was a severance of the joint status in 1939 when, by an unregistered ekrarnama, dated 28-10-1939, the bulk of the immovable property was partitioned between the different branches. According to the plaintiffs, from this time they and their father formed a joint Hindu family and the defendants 1 to 6 formed another joint Hindu family, and the undivided proper