NAGENDRA PRASAD SINGH, J.

1. This appeal has been filed on behalf of the defendants for setting aside an order dated 12th Jan. 1977, passed by the Subordinate Judge, Purnea, restraining the defendants from settling or harvesting the standing crops from the eight annas share out of the total properties, which are the subject-matter in dispute.

2. The appellants are defendants in the said suit. Appellant No. 1 is a minor, and she has filed this appeal under the guardianship of appellants 2 and 3, who are her maternal grandmother and maternal uncle, respectively.

3. This case has a long history and certain facts have to be stated. On 7-2-1971, in a motor-car accident, one Krishna Kumar Das, his wife Raj Kumari Devi, his son Alok Kumar Agarwal, his daughter-in-law Manju Agarwal, and his grandson Sribardhan Agarwal died. Appellant No. 1 is the minor daughter of the aforesaid Alok Kumar Agarwal and grand-daughter of aforesaid Krishna Das. In order to appreciate the relationship between Appellant No. 1 and the plaintiffs the genealogical table is reproduced below: -

Jyoti Kumar Das and Bina Agarwal, who were brother and sister of Alok Kumar Agarwal, however, died before the afores