Sanjay Kumar, J. – This appeal has been filed against the judgment dated 26.06.1976 and decree dated 07.07.1976 passed by 4th Additional Sub-Judge, Siwan in Title (Partition) Suit No.160 of 1966/39 of 1976 whereby and whereunder the learned Sub-Judge dismissed the suit which was filed by these appellants.

2. The appellants had filed the suit for partition claiming 1/4th share in scheduled-‘ka’ of the plaint land barring one Bigha and five Katha land out of it as their exclusive land. They have further claimed half share in the land mentioned in Schedule-‘kha’ of the plaint. The case of appellants (plaintiffs) before the court below inter-alia was that one Banshraj Choubey was common ancestor of the plaintiffs and the defendants who died leaving behind four sons, namely Arahat Choubey, Bishuni Choubey, Atma Choubey and Ramcharan Choubey. The branches of two sons namely, Bishnu Choubey and Atma Choubey became extinct prior to cadastral survey and the share of these two brothers devolved upon the remaining two brothers in the manner as stated hereinafter. The defendant second party, i.e., defendant nos. 9 to 15 who are respondents third party before this Court have half share in the la