Mungeshwar Sahoo, J.

1. The Defendants have filed First Appeal No. 333 of 2001 against the preliminary Judgment and Decree dated 1st June, 2001 passed by Sri Chandra Shekhar Sharma, the learned Subordinate Judge VI, Gaya in Partition Suit No. 112 of 1999/169 of 1995 and likewise filed First Appeal No. 61 of 2006 against the Judgment/Order dated 25th November, 2005 and the final decree signed on 29th July, 2005 by Sri Sushil Kumar Bharti, Subordinate Judge VI, Gaya in Partition Suit No. 112 of 1999/169 of 1995. With the consent of the parties, these appeals are heard together as the parties are same, the subject matter is same and the Advocates are also same and the First Appeals arise out of preliminary decree and final decree and they are disposed of by this common Judgment.

2. The Plaintiff-Respondent filed the aforesaid partition suit praying for partition of his 1/6th share from the suit properties mentioned in Schedule I of the plaint. The Plaintiff-Respondent claimed the aforesaid relief of partition to the extent of 1/6th share alleging that the father of the Plaintiff and Defendant No. 1, namely, Late Dukhan Sao held and possessed properties. The mother of the Plai