S.B.SINHA, J.

1. This First Appeal at the instance of the defendant Nos. 1 to 4, arises out of a judgment and decree dated 28-2-1977 passed by Sri Jagmohan Bir, III Additional Subordinate Judge, Palamau at Daltonganj in Partition Suit No. 35 of 1973, whereby and whereunder the said learned Court declared that the plaintiffs have 1/9th share in the proporties described in Schedule A of the plaint which are liable to re-partitioned after, alloting Schedule B lands to the share of defendant Nos. 1 to 4.

2. The relationship of the parties, which is admitted would appear from the following genealogical table: -

3. However, it is admitted that Ramhit Tiwary died in the year 1944. It is further admitted that Baijnath Tiwary died in the year 1945 leaving behind a daughter Hirdaya Devi. The name of Hirdaya Devi does not figure in the aforementioned genealogical table.

4. According to the plaintiffs, Khata No. 87 of village Kumhar alias Barhkagaon was recorded in the name of Ramhit Tiwary. However, lands under Khata No. 38 of the said village was recorded in the name of Pran Tiwary. He died in the year 1924 leaving behind Ramhit Tiwary and Bhagwat Tiwary as his heirs, who succeeded t