K.K.Dutta, J.

1. Both these appeals have been taken up together for hearing as these arise out of the judgment and decree in one and the same suit, namely, Partition Suit No. 95/20 of 1961-63 of the Court of the Additional Subordinate Judge,. Chapra.

2. This suit for partition was instituted by original Respondent No. 1 Ramdeyal-Mishra, who has since expired and has been substituted by his heirs, namely, his sons and daughters. The parties are descendants of a common ancestor. According to the admitted genealogy Ram-deyal Mishras father Ratan Mishra had one brother Hikayat Mishra. Defdts 1 to 3 Rambilas Mishra, Brahma Mishra and Anesa Mishra are sons of Hikayat Mishra. Ratan Mishra had four sons, two of whom are dead and the remaining two are defendants 4 & 5 Tribeni Mishra and Kaule--shwar Mishra. Defendants 6, 7 & 8, Gopi-Mishra, Gautam Mishra and Mosst. Raj-pati Kuer are the two sons and widow of Bishun Dayal Mishra, one of the deceased brothers of Ramdeyal Mishra, while defendants 9, 10 and 11 are the sons and widow of the other deceased brother Kishuni Mishra. It appears that there was a previous partition suit between the parties namely Partition Suit No. 31 of 1958 i