P. S. Mishra, J.

1. The plaintiff-appellants suit for declaration of title in schedule 1 properties and in the alternative for partition of the properties described in Schedule 2 of the plaint has been dismissed by the 2nd Additional subordinate Judge, Chapra.

2. By three separate sale deeds executed on 26-6-1960, Rampati Kuer transferred Schedule 2 lands in favour of the plaintiffs. The plaintiffs accordingly claimed title to Schedule 2 properties. The original defendant Shiv baran Rai, her brother-in-law, however, in his written statement has claimed that Rampati Kuer had no interest in the properties on or before 26-6-1960 and accordingly the defendant has claimed that the plaintiffs have neither any title into Schedule 1 properties or equity to seek partition of the lands described in schedule 2.

3. The facts are not in controversy. Bihari Rai died leaving behind three sons, Ram Kishun Rai, Keshwar Rai and Sheo Baran Rai. Ram Kishun rai died leaving behind his widow Mostt. Parkalo Kuer. Mostt. Parkalo kuer also has died. Keshwar Rai died leaving behind Ramrati Kuer, the plainitffs vendor.

4. According to the plaintiffs Ram Kishun Rai, Keshwar Rai and Shiv baran Rai had