P.S. Mishra, J.

The plaintiff-appellants suit for declaration of title in schedule 1 properties and in the alternative for partition of the properties described in schedule 2 of the plaint has been dismissed by the 2nd Additional Subordinate Judge, Chapra.

2. By three separate sale deeds executed on 26.6.1960, Rampati Kuer transferred schedule 2 lands in favour of the plaintiffs. The plaintiffs accordingly claim title to schedule 2 properties. The original defendant Shivbaran Rai, her brother-in-law, however, in his written statement has claimed that Rampati Kuer had no interest in the properties on or before 26.6.1980 and accordingly the defendant has claimed that the plaintiffs have neither any title in the schedule 1 properties or equity to seek partition of the lands described in schedule II.

3. The facts are not in controversy. Bihari Rai died leaving behind three sons, Ram Kishun Rai, Keshwar Rai and Sheo Baran Rai. Ram Kishun Rai died leaving behind his widow Mosstt. Pakalo Kuer Mosstt. Parkalo Kuer also bas died. Keshwar Rai died leaving behind Ramrati Kuer, the plaintiffs vendor.

4. According to the plaintiffs Ram Kishun Rai, Keshwar Rai and Shivbaran Rai had separated