2. Against part decree, the plaintiff has filed First Appeal No.208 of 1974 whereas against the other part decree, the defendant no.4 has filed First Appeal No.185 of 1974.

3. The plaintiffs-appellants of First Appeal No.208 of 1974 filed Partition Suit No.23 of 1969/131 of 1973 claiming partition of Schedule I and II property to the extent of 4/9th share.

4. The plaintiffs claimed the aforesaid relief alleging that Baldeo Jha was the father of plaintiff no.1 and defendant no.1 and husband of defendant no.4. Father was karta of the joint family which owned and possessed of a residential house and 3.82 acres of agricultural fertile lands which used to yield enough income. Out of the savings of the said property, the family purchased other properties. The plaintiff no.1 entered into service and was sending money orders to his father, Baldeo Jha. Some of the family properties were also acquired by the earnings of the plain