Narayan, J.

1. The plaintiffs are the appellants, and the appeal arises out of a suit for declaration of title and recovery of possession with regard to certain immoveable properties which once belonged to one Nohar Rai. Nohar Rai had six sons, Dudhnath, Harnandan, Sheonandan, Jadu, Misri and Bhadu. Sheonandan, Jadu and Misri died issueless. Dudhnath had six sons, out of whom three are plaintiffs in this suit. Dudhnaths son Mahatim Rai died leaving his son Bihari Rai who is plaintiff 4 in this action. Deokaran Rai, one of the sons of Dudhnath, is defendant 1, and his three sons are defendants 2, 3 and 5. Narain Rai, another son of Dudhnath, had died issueless. Plaintiff 5, Girja Prasad Rai, is the son of Inderdeo Rai, plaintiff No. 1. The case for the plaintiffs is that Sheonandan, Jadu and Misri had died in a state of jointness with their other brothers and the other members of the family, and that the branch of Dudhnath .Rai separated long ago after taking one-third share in the family properties. The branches of Hamandan and Bhadu are said to have remained joint after the separation of the branch of Dudhnath, and according to the plaintiffs allegation they have remained