ADITYA KUMAR TRIVEDI, J.:–Plaintiff-appellant has preferred instant appeal against the judgment dated 26.11.1979 and preliminary decree dated 10.12.1989 passed by Subordinate Judge, Gopalganj in Title Suit No.135 of 1976 dismissing the suit on contest against the contesting defendants as well as ex-parte against remaining.

2. When the appeal was taken up for hearing, on first day there was presence of respondent but subsequently thereof, the learned counsel became absent and on account thereof, hearing proceeded in terms of Order XLI Rule-17(2) of the CPC.

3. Asking for declaration of half share relating to the immovable properties detailed under Schedule-I, II as well as 1/6th share in Schedule-III as well as IV of the plaint and further, carving out the patti by way of appointment of Survey Knowing Pleader Commissioner followed with delivery of possession, cost of the suit, any other relief or reliefs which the plaintiff is found entitled for, enlisted the details of properties under Four schedule for which, the plaintiff / appellant furnished different genealogical table. The first one relates with his own family wherefrom, it is evident that Kurban Mian was the common ancestor who died leaving behind five sons Jamadar, Jamir, Gajar, Kadir and Nazir. Jamadar, Gajar and Nazir died issue less. Jamir died leaving behind three sons Ali Hassan, Id Mohammad, Rose Mohammad and two daughters Biwi Latifan, Biwi Matifan (defendant no.1 to 5).

4. Then second genealogical table has been furnished disclosing that there was Nibban Mian who died leaving behind two sons Amir and Saral. Amir died issueless. Saral also died leaving behind two sons Kifayat and Safayat, wife of Md. Rozidan (Figured as defendant).

5. The third one relates with Jafar Mian who died leaving behind two sons, namely, Jumma and Bhukhal. Bhukha died issueless. Jumma also died leaving behind Matwar Hussain, Taswa Hussan, sons of Jumma while Nazir Hussain grandson of Jumma (Figured as defendant).

6. It has further been disclosed that wife of Jamadar and Gajar have predeceased them while Jamadar and Gajar died leaving behind their remaining brothers Jamir, Kadir and Nazir.

7. It has further been disclosed that Khata No.35 lying at village Narayanpur, contents different survey plot number covering an area 8 Bigha 13 Kattha 16 Dhur having recorded in name of Kurban Mian, Nirban Mian and Jafar Mian having their interest ¼, ¼, ½ respectively. In likewise manner, Khata No.223 of village-Narayanpur stood recorded in sole name of Kurban Mian. Khata No.236 of village Narayanpur has been recorded of all the sons of Kurban Mian, Md. Fulmatiya and Amir Mian having 1/3rd share each. It has also been disclosed that Fulmatiya had executed sale deed in respect of her share in favour of Ali Hassan, defendant no.1. It has further been disclosed that Khata No.240 containing Khesra No.496 of village Narayanpur has been recorded in name of all the sons of Kurban Mian, Fulmatiya and Bhukhal having 1/3rd each.

8. It has further been averred that the lands falling under Khata No.35 was partitioned amongst Kurban Mian, Nirban Mian and Jafar Mian before survey but Khatiyan was prepared jointly in their names however, in remark column possession of respective parties in consonance with the allotment of respective survey plot numbers has been made which has been detailed under Schedule-I of the plaint, while land covering under Khata No.223 happens to be detailed under Schedule-II, Khata No.236 under Schedule-II and Khata No.240 under Schedule-IV.

9. The plaintiff has further narrated that he has got ½ share in Schedule-I & II, 1/6th in Schedule-III land, 1/6th in Schedule-IV land and the parties are over the land accordingly.

10. It has further been disclosed that Most. Gulaki was mother of Kurban Mian who died long-long ago. It has also been pleaded that Jamir and Kadir partitioned amongst themselves and some of the plots have exclusively been allotted while some has been retained jointly and in the afo

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