Mungeshwar Sahoo, J.

The plaintiffs have filed this First Appeal against the Judgment and Decree dated 31.03.1993 passed by Vth Subordinate Judge, Gopalganj in Partition suit No.119 of 1984/26 of 1991 whereby the learned trial Court has dismissed the plaintiff appellant's suit for partition.

2. The plaintiffs appellants filed aforesaid partition suit praying for separation of his share measuring 10 katha 16 ½ dhur out of Schedule I land and 1A share in Schedule II land (hereinafter referred to as 'suit land').

3. The plaintiff claimed the aforesaid relief alleging that Somari Sah had four sons, namely, Ramdhari Shah, Lakhan Sah, Jhapas Sah and Laxman Sah. The son of Ramdhari Sah, namely, Mukhlal Sah is defendant No.1 and the sons of Jhapas Sah are the plaintiff. Laxman Sah and Lakhan Sah both died leaving behind only one daughter each who are defendant No.2 and defendant No.3 respectively. The defendant No.5 to 8 are daughters of Ramdhari Sah. All the four brothers have died. Defendant No.4 is a purchaser from Lakhan Sah. There had been no partition between the parties and they are still joint. However, they cultivate the lands according to their convenient.

4. The further ca