Mungeshwar Sahoo, J.

The plaintiffs-appellants have filed this First Appeal against the judgment and decree dated 02.04.1976 passed by the learned 3rd Additional Subordinate Judge, Biharsharif, Nalanda in Title Suit No. 81 of 1971/2 of 1976 whereby the plaintiff's suit has been dismissed.

2. The original plaintiff had filed the aforesaid suit claiming for partition of his half share in the suit property. The original plaintiff-appellant has died during the pendency of this First Appeal and his legal representatives have been substituted. The plaintiffs claimed half share alleging that Punit Mahto had three sons namely Bandhu Mahto, Laldas Mahto and Gyan Chand Mahto who all have died. Laldas died unmarried and plaintiff is the son of Bandhu Mahto who died in 1969. The defendants are the branch of Gyan Chand Mahto who died in the year 1958-59 whereas Laldas died in 1971. Only 2.67 acres ancestral land was in possession of the joint family. Subsequently, 3 acres 15-¾ decimals was acquired by the joint family out of joint family fund and therefore, the joint family was in possession of 5 acres 82¾ decimals. Although, the acquired properties are in the name of different members