1. This first appeal, at the instance of the plaintiff, arises out of a judgment and decree dated 17-2-1982, passed by Sri Haricharan Mittal, 12th Additional Subordinate Judge, Ranchi in Partition Suit No.146/5 of 1980-81, whereby and whereunder the said learned Court dismissed the plaintiff-appellants suit,

2. The facts of the case lie in a very narrow compass.

3. The plaintiff filed the aforementioned suit for partition without mentioning in the plaint the extent of his share in the properties in suit.

4. The relationship of the parties appear from the genealogical table as has been set out in the plaint, which is as follow: -

5. The ancestor of the properties, Gulab Bibi was wife of one Mohiuddin Khan.

6. However, according to the defendants the said genealogical table was not complete inasmuch as admittedly some properties have been recorded in the name of Gulab Bibi whereas some properties have been recorded in the name of Gulab Bibi and Mehtab Bibi jointly and some others have been recorded in the name of Mehtab Bibi alone.

7. Mehtab Bibi was the wife of Md. Kasim, she left behind a son Abdul Rahman Khan and three daughters, namely Dulhan Bibi, Noor Bibi and Man Bibi.