P.K.Deb, J.

1. This appeal has been preferred against the judgment and decree dated 30.7.1983 and 10.8.1983 respectively passed by 1st Additional Subordinate Judge, Dhanbad, in Title (Partition Suit No. 27/9 of 1977/ 1981 whereby and where under the plaintiffs suit for partition of Plot No. 7707 described in the Schedule of the plaint has been dismissed.

2. The case of the plaintiffs is that under Khata No. 740 in Mouza Chas, Plot No. 7707 belonged to five brothers namely, Babu Lal Bouri, Bhuban Bouri, Nitai Bouri, Bindu Bouri and Mahindi Bouri. The names of five brothers were finally published in the record of rights. Babu Lai Bouri died issueless. Bhuban Bouri had a daughter Rohini by name and she was married to Chhakari Bouri (defendant No. 3). Rohini has a son Dapu Bouri. Rohini is dead. Nitai Bouri the third brother died without any issue. The fourth brother Bindu had a son Bhokhu by name. Bhokhu also died leaving behind Keli Bouri, defendant No. 4, as his heir. The fifth brother Mahindi Bouri had two sons Kesho and Sukhdeo but both of them died without any issue.

3. The case of the plaintiffs is that Babu Lal Bouri and his four brothers has ceased to be a members of t