Das, J.

1. Lachhuman Singh, defendant 1, is the appellant before us. The appeal arises out of a suit for partition. According to the plaintiffs-respondents, village Badgunda, which is the subject of partition, was given in khorposh to one Deyal Singh by Khem Narain Singh. Deyal Singh had six sons. Subsequently, Deyal Singh made a mukarrari khorposh grant on 14-11-1895, in favour of one Mod Narain Singh in respect of 428 and odd acres of land of village Badgunda. Mod Narain had four sons, namely, Lachhuman Singh, Meghlal Singh, Guru Prasad Singh and Makar Singh. A tenure-holders khewat, no. 5, was prepared in respect of 428 and odd acres of land in the names of Lachhuman Singh, Meghlal Singh and Guru Prasad Singh, Makar Singh plaintiff 1, being a minor at the time. It was alleged that the parties had been messing separately for more than fifteen years before the suit and were also cultivating the bakasht lands separately according to convenience of cultivation, but there was no partition by metes and bounds. Makar Singh and the sons of Guru Prosad Singh were the plaintiffs who brought the suit, each claiming 4 annas share.

2. Lachhuman Singh, the eldest Son of Mod Narain, wa