( 1 ) - This is an appeal by the plaintiffs against a judgment and preliminary decree passed in a partition suit. The subject matter of the instant partition suit is the premises No. 14c, Sambhubabu Lane, Calcutta 14 which is a three storied building comprising a total area more or less 1 cottah 9 chitaks 11 sq. ft. In this appeal respective shares of the parties as declared by the trial court have not been disputed. It has been declared that the plaintiffs are the owners of 7/9th share, the defendant Nos. 3 to 6 have 1/9th share jointly and the defendant No. 2 is the owner of 1/9th share in the suit premises.

( 2 ) THE facts relevant for the present purpose are as follows :-the common ancestor of the parties was one Dr. Jono Ranjan Paul. He died leaving behind his six sons namely Satish Chandra Paul, Kiron Chandra Paul, Biren Paul, Nilratan Paul, Nirmal Paul and Bimal Chandra Paul. Said Kiron Chandra Paul died leaving behind his three sons namely Banwarilal Paul, Barid Baran Paul and Nirode Baran Paul, one daughter Sm. Bidhabati Paul and his widow Naresh Nandini Paul. Said Nilratan Paul died leaving behind his son Bijoy Ratan Paul and the defendant No. 2, Gouta