BHASKAR BHATTACHARYA, J.

(1) THIS first appeal is at the instance of the defendants in a suit for partition and is directed against judgment and decree dated 16th July, 1968 passed by the Subordinate Judge, Purulia, in Title suit No. 45 of 1961 thereby passing a preliminary decree in a suit for partition by declaring share of the respective parties.

(2) THE case made out by the plaintiffs-respondents may be summed up thus:

(a) That the parties were the descendants of Sk. Abdul Chik who was the paternal grandfather of the plaintiff Nos. 1 to 8. Sk. Abdul Chik had three wives, namely, Rahamat Bibi, Jumma Bibi and Batulan Bibi, the defendant No. 3. Of the said three wives, Rahamat and Jumma Bibi died during the lifetime of their husband Sk. Abdul Chik. The defendant No. 4, viz. Abdul Aziz, is the only child of Sk. Abdul Chik through Batulan Bibi. Sk. Pir Ali, the father of the plaintiff Nos. 1 to 8, was the only child of his father through Jumma Bibi. Sk. Pir Ali died at Purulia on 10th March, 1955. Pir Ali had three wives, namely, Anisa Khatun, Fatema Bibi alias budhni Kaharin and Haliman Bibi, the plaintiff No 9. The plaintiff Nos. 1 to 4 are the sons and the plaintiff Nos. 5 to 8 are the daughters of Sk. Pir Ali through Haliman Bibi and the defendant No. 1 is the son and the defendant No. 2 is the daughter of Sk. Pir Ali through Anisa Khatun. Both Anisa and Fatema died during the lifetime of their husband Sk. Pir ali. The parties are Sunni Mohammadans by faith and are governed by the Hanafi School of Mohammadan in matters of succession.

(b) That Sk. Abdul Chik used to carry on business of hide in the town of purulia and acquired considerable properties in the town of Purulia and in the neighbourhood within the jurisdiction of the Trial Court. The properties, which were acquired by Abdul Chik and were in his possession, were fully described in the schedule No. 2 annexed to the plaint.

(c) That on the death of Sk. Abdul Chik, the said properties devolved upon his widow Batulan Bibi and his two sons Abdul Aziz, the defendant no. 4 and Sk. Pir Ali. As such the defendant No. 3 acquired l/8th share, the defendant No. 4 had 7/16th share and Sk. Pir Ali, the father of the plaintiff Nos. 1 to 8, the remaining 7/16th share.

(d) That on the death of Sk. Pir Ali, the said 7/16th share devolved upon the plaintiffs and the defendant Nos. 1 and 2. The plaintiff No. 9 being the widow got 7/128th share in the properties described in the schedule no. 2 below and the plaintiff Nos. 1 to 4 each got 49/960th share, the plaintiff nos. 5 to 8 each got 49/1920th share and similarly the defendant No. 1 got 49/960th share and the defendant No. 2, 49/1920th share. Therefore, the plaintiffs together obtained 693/1920th share in those properties.

(e) That out of the properties described in the schedule No. 2 the defendant no. 4 sold away his entire share and/or right, title and interest in item no. (iii) of schedule No. 2 to the plaintiff No. l by a registered deed dated 3. 2. 1954 for a valuable consideration of Rs. 499/ -. In the circumstances, the plaintiff No. 1 who had 49/960th share inherited from his father and having also acquired by purchase the aforesaid 7/16th share from the defendant No. 4, his total share became 469/960th in the schedule No. 2.

(f) That by registered sale-deed dated 9. 7. 1959 the defendant No. 4 sold away his entire share and/or right, title and interest in all the properties excepting the aforesaid item No. (iii) in schedule No. 2 to the plaintiff nos. 1 to 4 by a registered sale-deed dated 9. 7. 1959 for a valuable consideration of Rs. 2,999/- and since then he has been divested of all the interests in those properties. In the circumstances, in the properties described in the schedule No. 2 below excepting item No. (iii) of schedule no. 2 the plaintiff Nos. l to 4 together have got 77/120th share, the plaintiff no. 9 in all the properties of schedule No. 2 had 7/128th share, the plaintiff nos. 5 to 8 had 4