MUNGESHWAR SAHOO, J.:- This First Appeal has been filed by the defendants first party appellants against the Judgment dated 24.9.1974 and the decree following there upon signed on 30.10.1974 by Sri Ram Kishore Singh, the learned 1st Additional Sub Judge, Motihari; in Partition Suit NO.154 of 1968/ 122 of 1970 whereby the learned court below decreed the plaintiff respondents' suit for partition of the suit property described in Schedules - I and II of the plaint to the extent of 1/2 share.

2. To understand the relationship between the parties the admitted genealogy may be reproduced here for easy reference:-

Sundal lal

Kamla Lal Kapildeo Lal Jhingan Lal Rijhan Lal

(D.No.7) (D.No.1) =Ram Yoti Kuar (P.No.3) = Murat Kuar (D,No.8)

Yadunath Prasad= Gayati Devi Anand Mohan) Shambhu Pd.

D.N. 2 (D.No.6) (P.No.1) =Indu Kuar (D.No.9)

Dharmendra Pd. Umesh Prasad

(P.No.2) (P.No.10)

Arun Kuma Ajit Kumar Chotan Kumar

(D.No.3) (D.No.4) (D.No.5)

3. The above genealogy is admitted by the parties. According to the plaintiffs case Sunder Lal had four sons; Kamla Lal, Kapil Deo Lal, Jhingal Lal and Rijhan Lal. The branch of third son, Rijhan Lal are the plaintiffs. The branch