MUNGESHWAR SAHOO, J.:–The plaintiffs appellants have filed this First Appeal against the part of the Judgment and Decree dated 31.03.78 passed by Ist Sub Judge, Gaya in P.S. Case No.13/75 whereby the Court below has refused to grant half share in Gaya house property and also whereby the Court below has decreed the counter claim filed by the defendants respondents.

2. The plaintiffs appellants had filed partition suit No.13 of 1975 claiming half share in the suit property and also prayed for rendition of account of Khali chuni business.

3. The plaintiffs claimed the aforesaid relief of partition and rendition of account alleging that Kanhai Ram and Thanu Ram both were the sons of Sukan Ram. The branch of Kanhai Ram are the defendants. Thanu Ram was original plaintiff No.1 and his descendents are other plaintiffs. Thanu Ram died. The further case is that Sukan Ram died prior to cadastral survey of the year 1914-16. During survey, the only house of the family was recorded in the name of Kanhai Ram and Thanu Ram. Since the house was the only ancestral property. Both the brothers were doing ladni business of grains and lac and then they acquired a house in the town of Gaya in Ward No.3 being Holding No.37. Sri Prasad Ram who was brother-in-law of both brothers was co-purchaser of half share. This property was acquired by registered sale deed dt.20.01.1919. However, the aforesaid sale deed stood only in the name of Kanhai Ram and Prasad Ram. Subsequently, all the aforesaid three persons purchased mokarri and darmokarri interest at village Karmauni. In these acquisitions, Kanhai Ram’s family and Thanu’s family had half share and remaining half belonged to Sri Prasad Ram. The purchases were made by registered sale deed dt.30.10.1922 and 30.04.1923. Although they had no ancestral property both the brothers raised joint funds by contribution and also by raising loans. Therefore, all the aforesaid acquisitions are self acquisition in equal shares. In order to pay the loan, both the brothers executed several registered mortgage deeds simple and usufruct with respect to the said acquired house and karmauni property. However, all of the said mortgages have been redeemed. Further, both the brothers Kanhai and Thanu started Khalli chuni business jointly. This business was being looked after by Kanhai Ram whereas Thanu Ram was managing the Bakast land and jamindari. Subsequently, their bahnoi Prasad Ram died as such his half share devolved on his daughter Shyam Piyari Devi and daughter’s son. Then there was family arrangement in the family of Prasad Ram. The half share in the house at Gaya was allotted to Bishun Ram and the half share in village Karmouni was allotted to Shyam Piyari Devi. Some of the lands were acquired under the defence of India rules in last war and compensation were paid.

4. The further case is that Kanhai Ram died in 1948 and his widow died in the year 1960. Bishun Ram the owner of half share in Gaya house died leaving behind his widow Lalita Devi and sons Sheo Prakash and Laxmi Narain. The aforesaid heirs of Prasad Ram sold their share in the said house of Gaya to Thanu Ram and Sheo Govind Ram who is defendant No.1 by registered sale deed dt.21.01.1960 as such both the branches,. i.e., branch of Kanhai and branch of Thanu got half share in the house at Gaya.

5. The further case is that in course of time, the mokarri and darmokarri property in the villages were settled by the landlords, namely, Kanhai Ram, Thanu Ram and Shyam Piyari Devi in favour of Ashiwani Kumar, Ashok Kumar, Dharendra Kumar, Arun Kumar, Smt. Kapura Devi, w/o Gopal Prasad, and Arjun Prasad and in favour of defendant No.21 to 24 in the year 1946, therefore, the aforesaid properties are not available for partition. The names of the settlees were recorded in the office of ex. intermediate and on vesting they became the raiyat of the State of Bihar. Further, Smt. Basanti Devi, wife of Thanu Ram had purchased lands of Khata No.98, 88, 102, 113, 110 and 91 throug

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