CHOUDHARY SIA SARAN SINHA, J.

1. This appeal by some of the defendants is directed against the judgment and decree of the learned Additional Subordinate Judge, Gaya, decreeing the plaintiffssuit for partition.

2. One Rashdhari Singh had three sons, Jugal Singh, Basudeo Singh and Ramkeshwar Singh. He had also a brother named Kharagdhari Singh. Jugal Singh had two sons Deoki Singh and Ramnandan Singh (defendant No. 2). Deoki Singh had a son named Balmiki Singh, who is defendant No.1, defendant No. 3 is the widowed mother of defendant No. 1. Mt. Dhaneshwar Kuer (defendant No. 4) is the wife of defendant No. 2, Basudeo Singh (since dead) died leaving behind one Mt. Dipa Kuer, his widow, and Lalpari Devi, wife of his predeceased son. Ramkeshwar Singh undisputedly died issueless in a state of jointness with his other two brothers named above.

3. Lalpari Devi, the sole plaintiff respondent of this appeal after the death of Dipa Kuer during the pendency of the suit, along with her mother-in-law, Dipa Kuer, instituted the instant suit for partition of her eight annas interest in what was described to be the joint family properties of all the defendants 5 to 11, being the descendants