The instant appeal has been preferred against the judgment and preliminary decree, dated 30.01.1993, passed by the learned Sub-Judge-Ist, Begusarai in Title Suit No. 96 of 1985 whereby and whereunder the suit filed by the plaintiffs was partly decreed declaring 1/3rd share of the plaintiffs described in Schedule I of the plaint. The plaintiffs are the appellants whereas the defendants are the respondents.

2. The plaintiffs Kari Singh and Rabindra Singh, the son of Kari Singh, have filed Title Suit No. 16 of 1985 to pass a preliminary decree for partition with respect to their half share in Schedule I and separate Takhta may be carved out and DP over the same may be effected through the process of the Court as well as to declare the alleged deed of gift dated 08.11.1984 purported to have been executed by Ramsagar Singh as null and void which confer no title and possession upon the alleged donee. Further relief is for a decree for accounting the income of joint family property directing the defendant no. 1 to furnish accounts as well as the cost of the suit.

3. The case of the plaintiffs in short is that there was Natho Singh who has got four sons, namely, Ramsagar Singh, Ramta