Mungeshwar Sahoo, J.

1. The plaintiffs have filed this first appeal against the judgment and decree dated 26.2.1981 passed by the learned 5th Additional Subordinate Judge, Motihari in Partition Suit No. 213 of 1971/ 27 of 1980, whereby the learned trial court dismissed the plaintiffs’ suit for partition.

2. The plaintiffs appellants filed the aforesaid partition suit claiming share to the extent of 3/4th in the suit land. According to the plaintiffs the common ancestor was one Chanarma Rai who had four sons namely Rawal Rai, Bhaiyaram Rai, Rajaram Rai and Lal Bahadur Rai. The plaintiffs and defendants 2nd set represent the branch of Bhaiyaram Ram. The defendant 1st set are the descendants of Rajaram Rai. Bhaiyaram Rai had four sons namely Dhanukhdhari Rai, Dhaneshwar Rai, Sheodhari Rai and Kamla Rai. He had also two daughters namely Most. Dharohara Kuer and Ramrati Kuer. Dharohara Kuer had a son who died leaving behind a widow and two sons, the plaintiffs. Kamala Rai died in the year 1970 issueless. Sheodhari Rai died in the year 1952 leaving behind a daughter defendant No.9. Dhaneshwar died in the year 1946 leaving behind his widow Hika Kuer and two daughters namely