Ramratna Singh, J.

1. This appeal by defendant No. 2 is directed against the decision of an Additional Subordinate Judge of Patna who decreed a suit for partition or one-fourth share in the suit properties, after reversing the decision of a Munsif of Patna dismissing the suit. The parties are some of the descendants of one Bihari Singh, the second son of Chuni Singh who died leaving behind him also another son named Narayan. These two brothers separated from each other in all respects long ago. Bihari died leaving three sons, namely Sheo Prasad, Mahabir (defendant No. 1) and Raghubir. They also separated from one another in all respects by 1919. Raghubir died in 1920, leaving behind him a widow who came into possession of her husbands estate. This widow died; and Sheo Prasad took possession of Raghubirs estate. Therefore, Mahabir and his two sons, namely Sheodhar (defendant No. 2) and Jagdhar (plaintiff No. 1) instituted a suit in 1932, for the declaration of title to one-half of the estate of Raghubir and for partition of the same, against Sheo Prasad and his descendants. A preliminary decree was passed by the trial Court and upheld by the appellate Court. Then there was a