Untwalia, J.

1. This is a plaintiffs second appeal and has come up before us on being referred for hearing to a Division Bench by a learned single Judge of this Court. Their case is that, Deokinandan Missir was the common ancestor of the parties. He had four sons, one of whom named Raniprasad predeceased Deokinandan without leaving any issue. Deokinandan died in the year 1920 leaving behind his three surviving sons Ramdat, Rampratap and Ramphal. He died in a state of jointness, Rampratap and Ramphal both died in the year 1921 in a state of jointness. The formers grandsons are plaintiffs 2 to 4. Ramphal left behind Mosstt. Shukbaso Kuer., his widow, and a minor son Man Missir. Shortly after, Man Missir also died in 1921 in a state of joint-ness with Ramdat and the members of Ramprataps branch. Shukbaso Kuer was impleaded as defendant No. 4. She died during the pendency of this litigation. The suit was instituted by Ramdat (Plaintiff No. 1) and the grandsons of Rampratap as Plaintiffs 2 to 4. Ramdat also died during the pendency of the appeal in the lower appellate court and his heirs were substituted.

2. In the year 1924 the plaintiffs (by which word in the judgment we mean