Mungeshwar Sahoo, J.

1. The Defendants have filed this First Appeal against the Judgment dated, 10th August, 1977 and the decree signed on 23rd August, 1977 by Sri Aniruddh Prasad Chaudhary, the learned Addl. Sub Judge, Barh, in Title Suit No. 52 of 1976-77 decreeing the Plaintiff-Respondents suit for partition.

2. The Plaintiff-Respondents filed the aforesaid suit praying for partition and for declaration that the dead of gift dated, 14th November, 1975 executed by Defendant No. 1 in favour of Defendant No. 2 is not binding on the Plaintiffs.

3. It may be mentioned here that the Defendant No. 1, Most. Feko Devi® Feko Dasi was the original Appellant No. 1 in this First Appeal. During the pendency of this First Appeal, she died and her name has been expunged.

4. The Plaintiff-Respondents filed the aforesaid suit claiming aforesaid relief on the facts inter alia that the suit property belonged to Ramswaroop Mahto. The Defendant No. 2, Mostt. Feko Devi was the first wife of Ramswaroop Mahto. The Plaintiff No. 1 is the second wife of Ramswaroop Mahto and the other Plaintiff-Respondents are the son and daughter of Ramswaroop Mahto.

5. According to the Plaintiff, Ramswaroop Maht