1. These two appeals with the consent of the parties were heard together and are being disposed of by this common judgment.

2. First Appeal No. 17 of 1982(R) arises out of a judgment and decree dated 2-2-1982 passed by Sri N.K. Lal, Subordinate Judge, Gumla in Partition Suit No. 96/56 of 1976-77, whereby and whereunder the said learned court passed a preliminary decree, decreeing of the plaintiffs-respondents suit for partition declaring their half share in the properties in suit which were fully and in details described in Schedule B, C and D of the plaint, along with the pro forma defendant No. 3.

3. First appeal No. 40 of 1983(R) arises out of a judgment and final decree dated 4-1-1983 passed in the aforementioned suit in the final decree proceedings.

4. The material facts and proceedings leading to these appeal lie in a very narrow compass.

5. According to the plaintiffs, they and the pro forma defendant No. 3 are brothers being sons of Kandra Sahu and are co-sharers of the defendant Nos. 1 and 2.

6. The relationship of the parties will appear from the genealogical table which has been mentioned at the footing of the plaint and reads as follows: -

7. The plaintiffs have