ADITYA KUMAR TRIVEDI, J.

1. Defendant-appellants Nos. 2, 3, 4 have filed instant appeal against the judgment dated 29.03.1978, preliminary decree dated 11.04.1978 passed by the Second Additional Sub-Judge, Siwan in connection with Partition Suit No. 66 of 1973 and 39 of 1976 decreeing the suit on contest, identifying 1/6th share of plaintiff-respondent 1st set with regard to properties Scheduled under 1 to 4 of the plaint, however, no order over cost.

2. Plaintiff-respondent 1st set filed Partition Suit asking for relief of declaring 02 Anna, 08 Pai share in the properties detailed under Schedule 1 to 4 of the plaint, cost of the suit, any other relief or reliefs which the plaintiffs are found entitled for and for that furnished a genealogical table wherefrom it is evident that Ram Sahai Rai was the common ancestor, who had two sons Hiraman Ram and Dalsingar Rai. Hiraman Rai had two sons Tilak Rai and Kuer Rai.

3. Dalsingar Rai had five sons Saudagar Singh, Shiva Govind Singh, Jai Govind Singh, Sajiwan Singh and Ram Nath Singh. Saudagar Singh had a son Dashrath Rai @ Bharat Rai. Shiva Govind had five sons Sitaram, Manbodh, Ganesh, Saryug, Chandeshwar. Sitaram had two sons