Mungeshwar Sahoo, J.

The defendants purchasers have filed both the First Appeals against the common Judgment and Decree dated 25.09.1967 passed by the learned Ist Addl. Subordinate Judge, Gaya in partition suit No.1 of 1966/47 of 1962 and 2 of 1966/54 of 1961.

2. For better appreciation of the fact, the short genealogy is required to be given. Beni Sao had five sons, namely, Gangoo, Jako, Jharo, Darbari and Amrit. Beni Sao died before cadastral survey operation and shortly thereafter Gango and Jako also died. Only three brothers were left, namely, Jharo, Darbari and Amrit. Two partition suits were filed being partition suit No.54 of 1961 which was filed by branch of Jharo against the branch of other two brothers whereas partition suit No.47 of 1962 was filed by the branch of Darbari Sao against the branch of other two brothers.

3. The case of the plaintiffs of partition suit No.54 of 1961 in short is that Beni Sao died in jointness and likewise Gango and Jako also died in jointness with the parties. Therefore, the branches of remaining three brothers were recorded jointly with regard to ancestral properties of village Marui. Nago Sao, son of Gango died leaving his widow who