S.C.Misra, J.

1. The appellant, Mt. Asarfa Kuer, widow of Sukhdeo Rai, was defendant No. 3 in the suit giving rise to this appeal. The suit was brought by Bhuneshwar Rai, son of Ramadhar Rai, respondent No. 2, claiming one-sixth share in the joint family properties and for carving out a separate takhta in respect thereof. The genealogy on which he relied is as follows:

PARGAS RAI

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__________________________|__________________________

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Halkhori Rai Isar Rai Parsuram Rai

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Sukhdeo Rai Ramadhar Rai Gaya Rai

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Mt. Asarfa Kuer Bhuneshwar Rai Mathura Rai

His case was that Halkhori Rai, Isar Rai and Parasuram Rai, the three sons of Pargas Rai, were separate from one another and one third share of each of the three branches h