Gurusharan Sharma, J.

1. Kedar Mahto, father of opposite parties 9 to 11 herein, filed Partition Suit No.8 of 1959 in the court of Subordinate Judge, palamau at Daltonganj for partition of his share in the properties described in the Schedule to the plaint. The predecessors-in-interest of the petitioner as well as Oppositeparties 1 to 8 herein were defendants 1 and 2 as well as defendants 70 to 73 in the suit. The suit was decreed.

2. In the judgment and preliminary decree dated 26-7-1961 it was held that the plaintiff was entitled to the extent of one share out of 96 shares in all the other Khatas and 25 shares out of % shares in Khata No.20 ; whereas in another land defendant Nos.70 to 73 were entitled to 5 out of 96 shares. Defendants 70 to 73 the four daughters of Ramdihal Mahto were sisters among themselves and they jointly got 5 shares out of 96 shares in the disputed lands including Khata No.20. The trial court, therefore, observed Thus there is no evidence contrary to hold that these defendants 70 to 73 have no shares in the disputed lands and it must be held that these four defendants have got five shares out of 96 shares in the Khata in dispute including Khata No.