MUNGESHWAR SAHOO, J.:–This First Appeal has been filed by the defendant No.1 and 2 against the Judgment and Decree dated 26th March, 1977 passed by learned 3rd Addl. Subordinate Judge, Siwan in Title Suit No.12 of 1971/178 of 1975 whereby the Court below decreed the plaintiff respondent’s suit for partition.

2. The plaintiff respondent filed the aforesaid suit claiming partition of his share to the extent of 8 bigha 7 katha 12.5 dhur in Schedule I land and half share in Schedule II land.

3. The plaintiff claimed the aforesaid relief for separate share alleging that Sri Sahay Mahto had two sons, namely, Abhilakh Mahto and Rajai Mahto. Abhilakh Mahto had two sons, Swarup Mahto and Parmeshwar Mahto. The plaintiffs are the sons of Swarup Mahto being the son of Munnilal Singh who was only son of Swarup Mahto. The defendants represented the branch of Parmeshwar Mahto. Rajai Mahto had two sons, Balak Mahto and Uchhant Mahto. Uchhant Mahto had one son Pitambar Mahto. Parmeshwar Mahto had two sons, Ramdeo Singh and Ram Dihal Singh. Ramedeo Singh is defendant No.1 and defendant No.2 is son of defendant No.1 whereas the defendant No.3 to 5 are the maternal grand son of Ram Dihal Singh. The furt

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