1. This first appeal, at the instance of the plaintiffs, arises out of a judgment and decree dated 30-9-1983 passed by Sri B.N.P. Shrivastava, Subordinate Judge, Palamau at Daltonganj in Partition Suit No. 114 of 1979, whereby and whereunder, the said learned court dismissed the plaintiffs-appellants suit.

2. The plaintiffs-appellants filed the aforementioned suit, inter alia, on the ground that they have purchased portions of plot Nos. 567 and 568 by reason of three deeds of sale executed by defendant Nos. 5 to 7 in their favour.

3. By two deeds of sale dated 9-4-1979, the defendants Nos. 5 and 6 transferred their right, title and interest in favour of the plaintiffs whereas by reason of a deed of sale dated 18-6-1979, the defendant No.7 transferred his right, title and interest.

4. The plaintiffs, therefore, filed the aforementioned suit for partition praying inter alia therein that a separate Takhta to the extent of 1.79 acres be carved out, out of the Suit property including plot Nos. 567 and 568 of Mauja Ramasagar and allotted to the plaintiffs.

5. The basic facts of the case are not much in dispute.

6. Admittedly, one Sk. Sudhu Mian was the recorded tenant of all the