Partha Sarthy, J. – Heard learned counsel for the appellant, learned counsel for the respondent no.1 and learned counsel for the respondent no.4. No one appears on behalf of the respondent nos.2 and 3.

2. The instant appeal has been preferred against the judgment dated 23.3.2017 and decree dated 29.3.2017 passed in Title Suit no.3 of 2006 by the learned Sub Judge VII, Madhepura whereby the learned trial court was pleased to hold that there was jointness of title and possession of the plaintiff with the defendants over the suit property and that the plaintiff was entitled to 1/5th share in the ancestral property of her mother and father after their death. Learned trial court further held that the suit as framed was maintainable. She has valid cause of action, the suit was not barred under section 34 of the Specific Relief Act and thus decided the issue nos. 1, 2, 3 and 4 in favour of the plaintiff. The suit was allowed on contest ex parte against the defendant nos.1 to 3. It is against this judgment that the defendant no.1 has preferred the instant appeal.

3. The case of the plaintiff in brief is that Late Ramjee Sah and his wife Late Smt. Ram Dulari Devi, both deceased, were her pare