Mungeshwar Sahoo, J. – The defendant nos.1 and 2 have filed this first appeal against the judgment and decree dated 21.05.1988 passed by the learned Subordinate Judge-VI, Patna in Title Suit No.39 of 1973/130 of 1983 whereby the court below decreed the plaintiff-respondent no.1’s suit for partition to the extent of 1/3rd share.

2. The plaintiff-respondent no.1 filed the aforesaid suit claiming 1/3rd share in the suit property alleging that one Mewa Lal had four sons and one daughter, namely, Ram Narayan Lal, Shyam Lal, Radhe Krishna Lal and Basudeo Lal. The name of the daughter was Smt. Janak Kishori Devi. The original plaintiff no.1 Rajmati was the widow of Ram Narayan Lal and plaintiff no.2 is the son of Ram Narayan Lal. The plaintiff no.1 died. The branch of Shyam Lal became extinct on the death of his daughter Sona Yadav @ Devi, who was defendant no.5. The branch of Radhe Krishna Lal also became extinct on the death of his widow and daughter prior to institution of the suit. The fourth son died leaving behind his two sons, Ram Ratan Lal and Manohar Lal, who are defendant nos.1 and 2-apepllants and two daughters, namely, Sushila Devi (defendant no.3) and Kanti Devi(defendant no.4