1. This second appeal has been preferred against the judgment and decree dated 23.3.1990 passed by Sri Kailash Bihari Verma, 1st Additional District Judge, Saran at Chapra, in title appeal No. 49 of 1983 whereby he had affirmed the judgment and decree dated 7.3.1983 passed by Sri Surendra Kumar Sinha, 3rd Additional Sub-Ordinate Judge, Chapra, in partition suit No. 6 of 1976.

2. The case of the plaintiff-respondent is that one Nakched Singh was the common ancestor. He had three sons; Ramdahin Singh, Padarath Singh and Mukhlal Singh, Ramdahin Singh died unmarried in the state of jointness before the revisional survey. In the year 1921, the two remaining brothers, namely, Pradarath Singh and Mukhlal Singh separated. Thereafter, Padarath Singh died in the year 1943 leaving behind his widow Hikayat Kuer and a daughter Simrekha Kuer. After the death of Padarath Singh, his widow Hikayat Kuer came in possession of the properties left by Padarath Singh. In the year 1945, Most. Hikayat Kuer also died leaving behind her daughter Simrekha, who inherited the properties of her father left by him and after the death of Simrekha Kuer the plaintiff being her only heir inherited the propert