Sahai, J.

1. This Bench has been constituted to hear this appeal as some important points of law are involved.

2. This appeal by defendant No. 1, who was the only contesting defendant in the trial Court, arises out of a suit for partition of some lands situated in villages Tutikel and Sokarla in Ranchi District described in Schedule A and some moveable properties described in Schedule B attached to the plaint. The admitted genealogical table of the family is as follows:

Dular Singh

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Bishambhar Singh Nilambar Singh

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Balram Singh Dileshwar Singh

Mt. Birasmani and Mt. Sita Kuer (Plaintiff)

(defendant No. 3) (defendant No. 4)

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Jagarnath Singh Damrudhar Singh

Minor (defendant No. 1)

(defendant No. 2)

I may add that Balram Singh left two daughters also. They are Musammat Domni Kuer and Musammat Baidahi Kuer, defendants Nos. 5