S. B. Sinha. J. - This first appeal is directed against a judgment and decree dated 17.11.1982 passed by Sri B. Kandir, 2nd Additional Subordinate Judge, Giridih, in Partition Suit no. 55 of 1979 whereby and whereunder the said learned court dismissed the plaintiffs' appellants' suit for partition. The aforementioned suit was filed by the plaintiff claiming inter alia 1/12th share in the properties described in schedule B of the plaint.

2. In order to appreciate the fact of the matter which is not in dispute, the genealogical table of the parties may be noticed which is set out as under:-

Guna Mian

Jhumar=widow Dina Bihari Juthan Manbodh

Barsani

Kabir Kasmali Jadu Madan Jodhi= Samat Ali Ali Mian

D.1 Widow Bibi =Begum

Malin D.13. Bibi.

Ishaque

D.2.

Maniruddin Jayarat Sahabuddin Jalil Chhotka Mian Tawarakh

D.15 Hussain Plff. no.2 D.11 D.14. = widow

( ) Plff. 1 Bibi Khatija

D.16.

Jhumar

=daughter Bibi Lachho Ainul Nizamuddin