Mungeshwar Sahoo, J.

1. The Plaintiffs have filed this First Appeal against part of the judgment and Decree dated 21.09.1996 passed by the learned Sub-Judge IInd Jamui in Title Suit No. 29 of 1980 whereby the learned Court below dismissed the suit for partition with regard to the house standing on plot No. 377 measuring 93 decimal and the properties standing in the name of Defendant No. 5, Indu Devi.

2. The Plaintiffs-Appellants filed the aforesaid Title Suit No. 29 of 1980 claiming for partition of their 1/3rd share in the suit properties mentioned in detail in Schedule II and III of the plaint. The Plaintiffs case in short is that the common ancestor Babu Sarjug Pd. Singh died in the year 1975 leaving behind his 3 sons, namely, Sri Tripurari Pd. Singh (Defendant No. 1), Brij Bihari Singh, Defendant No. 2 and Awadh Kishore Singh, the Plaintiff No. 1, and one daughter, namely, Uma Shashi. The said Babu Sarjug Pd. Singh had also grand sons and grand daughters who are Defendants in the suit. The son of Plaintiff No. 1, namely Arunesh Kumar Singh is Plaintiff No. 2. It appears that during the pendency of the suit, the Defendant No. 1, Tripurari Singh died and his legal repres