B.D.SINGH, J.

1. This appeal was Instituted by one of the plaintiffs, Most. Maharaji Kuar against a portion of the judgment and decree of the learned Subordinate Judge disallowing a part of the claim of the plaintiffs in Partition Suit No. 96 of 1962, instituted by her along with her daughters son Satyadeo Choubey, respondent No. 13. Janardan Pandey, who was defendant No. 2 in the suit (respondent No. 2 before us) had also filed cross-objection against those findings of the learned Subordinate Judge, wherein he had decreed some of the claims of the plaintiffs. This judgment will, therefore, govern both the appeal and the cross-objection. During the pendency of the appeal the sole appellant died. Her daughter Ramsurat Devi was substituted in her place as the appellant, while her other heirs were placed in the category of the respondents by order dated 20-5-1971. Likewise, Janardan Pandey, respondent No. 2, who had filed cross-objection, had also died during the pendency of this appeal and his heirs Anrawati Devi and another were substituted by order dated 2-9-1968.

2. Maharaji Kuar and her daughters son, Satyadeo Choubey, as plaintiffs 1 and 2 respectively had instituted the