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 p