Gurusharan Sharma, J.

1. Murat Mahto of village Chaakwai, Tola Baghi at present within Nawadah district, died leaving his three sons, Meghan Mahto, Baijnath Mahto, the defendant No. 1 and Nanhku Mahto, the original plaintiff.Baijnath Mahto got two sons, namely, Devi Prasad, the defendant No. , 9, who was given in adoption to one Daroga Mahto of village Amar Singh Bigha and Nand Prasad Nand Kishore Prasad, the defendant No. 2, Meghan Mahto left behind two sons, Harslal Mahto and Ramjee Mahto. Lakhan Mahto son of Harslal Mahto died leaving behind his widow, Kaushalya Devi, the original defendant No. 3 and two sons, Vijay Mahto and Mukhlal Mahto, the original defendants and 5, Ramjee Mahto died leaving behind his widow,Lakshmi Devi the original defendant No. 6 and two sons, Awadhesh Mahto and Dinesh Mahto, the original defendants 7 and 8.

2. On 14.11.1972 Nanhku Mahto filed Title (Partition) Suit No. 266 of 1972 in the Court of the Second Subordinate judge, Gaya for partition of his 1/3rd share in the joint family property detailed in schedule A to the plaint.

3. During the pendency of the suit, on 21.2.1973 Nanhku Mahto executed a registered deed of gift (Ext.5) in favour of