Mungeshwar, J.

1. The plaintiff has filed this First Appeal against the judgment Sahoo, J. and decree dated 26.03.1981 passed by Sri John Dhan, the learned Subordinate Judge 2nd, Patna in title suit no.41 of 1978 dismissing the plaintiffs suit for partition.

2. The sole plaintiff-appellant filed the aforesaid title suit praying for partition of his half share with respect to Schedule-1 property and 1/5th share with respect to Schedule-2 property. In short, the plaintiffs case is that Gurusahay Mahton @ Raghunandan Mahton died before cadastral survey which took place in the year 1908-09 leaving behind his son, Dukhan Mahton and widow, Masomat Bigwa and a daughter, Sonphulwa. The plaintiff is the son of Sonphulwa. The wife of Dukhan Mahton, pre-deceased him and Dukhan Mahton died soon after cadastral survey leaving behind his mother, Masomat Bigwa and sister, Sonphulwa. After his death, Masomat Bigwa, Sonphulwa and the plaintiff came in possession of the properties of Gurusahay Mahton. After the death of Masomat Bigwa and Sonphulwa, the plaintiff became the heir of property of Dukhan Mahton. The further case is that the defendants are the heirs of other four sons of Bal Kish