G.N.Prasad, J.

1. This second appeal has been preferred by the sole defendant in a suit for partition. The suit property is 2.65 acres (wrongly stated by the learned Munsif, Shri R. J. Pandey, as 2.25 acres) of culturable land in village Dugni, P. S. Saraikella, District Singbhum. This land admittedly belonged to two brothers, Jagar-nath Kumhar and Madhai Kumhar. The plaintiff is the widow and the defendant the brother of Jagarnath.

2. According to the plaintiff:

(i) The parties are Bengali Kumhars and governed by the Dayabhaga School of Hindu Law;

(ii) Her husband died some 20 years before the institution of the suit (the suit Was filed on the 15th May, 1967);

(iii) For nearly two years after her husbands death, the parties lived jointly in mess and property, but quarrels and differences arose and so the plaintiff separated in mess but the property continued to remain joint;

(iv) Being a female, the plaintiff was unable to take part in cultivation of the land. So there was a panchaiti whereby it Was arranged that the defendant would cultivate the entire land and give to the plaintiff 12 maunds of paddy every year as representing her share of the produce of the suit land;

(