BIRENDRA PRASAD SINHA, J.

1. This is an appeal by the plaintiff. A suit for partition of one-third share in the properties described in the schedule attached to the plaint has been dismissed.

2. It will be relevant to give the genealogy of the family as given by the plaintiff. One Madho Nath Tiwari had five sons, viz., Gobind Nath Tiwari, Ramlochan Nath Tiwari, Baldeo Nath Tiwari, Hardeo Nath Tiwari and Mahanand Nath Tiwari, Mahanand died issueless and his line became extinct. Hardeo died leaving behind a widow Jagrani Kuer. It was stated that some lands of the joint family were given to Jagrani Kuer for her maintenance which after her death devolved upon the three remaining brothers, viz., Gobind Nath Tiwari, Ramlochan Nath Tiwari and Baldeo Nath Tiwari. Gobind Nath Tiwari left behind a son Gokul Nath Tiwari and the letters son Ram Bahadur Nath Tiwari is the plaintiff-appellant. Ramlochan Nath Tiwari had a son named Ramgan Nath Tiwari who died leaving be-hind him his widow Mt. Fulohra Kuer and a daughter Asharfi Kuer. Ramchandra Tiwari (defendant No. 7) is said to be the son of Asharfi Kuer. Baldeo Nath Tiwari died leaving behind four sons, Ramakant Nath Tiwari, Radhakant