1. This appeal by defendants Nos. 1 to 3 arises out of a suit brought by respondent No. 1 for partition of Kast lands of village Pachrukha Tola Mokhlishpur, Police Station Motibari Muffasil, appertaining to Tauzi No. 911, in the district of Champaran.

2. According to the parties, the common ancestor was Sheik Bhikhu, who had two sons--Sheikh Pahari and Sheikh Langat. A partition was effected between the heirs of the two brothers and separate possession of the branches of each of the two brothers was noted during the revisional survey operation. The land of Khata No. 64 to the extent of 17 Kathas 7 dhurs was recorded in the names of Sheikh Khoda Bux, Sheikh Gudar, Sheikh Revasat Ali and Sheikh Gulzar, who were the heirs of Sheikh Langat, and the heirs of Sheikh Pahari also got possession to the extent of half in that land. The case of the plaintiff-respondent No. 1 was that the lands described at the bottom of the plaint were coming in joint possession of the respondent No. 1 and the appellants, although they were cultivating the lands separately, there had been no partition by metes and bounds. Hence the suit.

3. The case of the appellants was that there was no unity of tit