Kanhaiyaji, J.

1. These two appeals arise put of a decision of the learned Subordinate Judge, Hazaribagh. As these appeals arise out of the same judgment, they have been heard together, and this judgment will govern both of them.

2. The plaintiff filed a suit for partition of the properties given in Schedule A of the plaint. The plaintiff claimed 22/5 annas share in item No. 1. 12/5 annas share in Item No. 2 and 32/5 annas share in Item No. 3 of Schedule A properties. He also prayed that a separate takhta be carved out by the appointment of a pleader commissioner, and he may be put in khas possession of the takhta to be allotted to him.

3. The relationship of the parties is as shown in the genealogical table given below :

SK. NATHU

____________________________|_______________

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Habibul Hassan Md. Ellyas Hussain

| ____________________|____________

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| 1st wife -- Kaziban 2nd wife--Bibi Haliman

| (Dead)