M.Y.EQBAL, J.

1. The Defendants-Appellants have filed this appeal under cl. 10 of the Letters Patent of the Patna High Court Rules, challenging the judgment and order passed by the learned single Judge of this Court in F.A. No. 130 of 1982 (R) whereby and whereunder the learned single Judge reversed the judgment and decree passed by the trial Court and decreed the suit for partition in respect of part of the properties.

2. The plaintiffs-respondents filed P.S. No. 8 of 1976 claiming half share in the suit properties left by Late Muslim Khan. The said suit was dismissed by the learned 2nd Additional Subordinate Judge, Giridih, in terms of the judgment and decree dated 23-5-1982.

3. The brief facts of the case are as follows :-

The plaintiffs-respondents filed the aforesaid suit claiming partition of half share in the suit properties allegedly left by Late Muslim Khan and after his death they inherited the same according to the law of inheritence under the Mahomeddan Law. From the geneological table given in the plaint as also in the impugned judgment, it appears that Late Muslim Khan had two wives, namely, Most. Moriam and Bibi Sitabo. The defendants-appellants are the sons,