JUDGMENT :

Against the judgment dated 22.03.1999 and decree dated 31.03.1999 passed by the Subordinate Judge-2nd, Kaimur at Bhabhua in Title (Partition) Suit No. 65/1992 dismissing the suit on contest but without cost, is the subject matter of instant appeal at the behest of plaintiffs/appellants.

2. For better appreciation, the status of the parties is being recognized according to their status having before the lower court.

3. Plaintiffs/Appellants filed a suit for partition asking for 1/3rd share in a property left by his mother and ¼th share in remaining duly furnished under scheduled “Ka, Kha, Ga” respectively, furnishing a genealogical table showing the common ancestor, Jagannath Pandey (since deceased) having a son, Ram Nagina Pandey (defendant no.1) who has got three sons, Krishna Pandey (plaintiff no.1), Parshuram Pandey and Sudarshan Pandey (defendants). Krishna Pandey has got a son, Ashok Pandey, plaintiff no.2, while Parshuram Pandey has got four sons, namely, Pappu Pandey, Manoj Pandey, Akhileshwar Pandey and Sunil Pandey. Sudarshan Pandey has four sons, Guddu Pandey, Santosh Pandey, Saheb Pandey and Arun Kumar Pandey (defendants). Malti Devi, wife of Parshuram Pandey