Mungeshwar Sahoo, J. – The defendants have filed this First Appeal against the judgment and decree dated 02.02.1980 passed by the learned 3rd Additional Subordinate Judge, Siwan in Title Suit No.38 of 1971/10 of 1979 whereby the learned court below decreed the plaintiff’s suit in part.

2. The plaintiffs-respondents filed the aforesaid suit claiming partition of his half share in the suit properties described in Schedules. The plaintiff’s case in short is that one Mahabir Ahir died leaving behind his two sons, Ramanandan Chaudhary and Ramadhari Chaudhary. The plaintiffs are the descendants of Ramanandan Chaudhary whereas the defendants are the descendants of Ramadhari Chaudhary. Ramadhari Chaudhary also died in jointness. During lifetime, Mahabir Chaudhary was the karta and after his death, Ramadhari Chaudhary became the karta and on the death of Ramadhari, the defendant No.1 Narsingh Chaudhary i.e. son of Ramadhari became the karta of the family. There was separation between both the branches just three months before the filing of the suit but there had been no partition by metes and bounds.

3. The further case of the plaintiffs is that the joint family properties were very fertile a