T.K. Basu, J.

1. This suit is for a declaration of shares in two properties one in Mangrol in Saurashtra and the other in Calcutta being Premises No. 48, Ezra Street, Calcutta and for partition by metes and bounds of the said two properties and allotment to the co-sharers in severalty.

2. The suit was originally filed by Pranjivan Jaitha, since deceased, his wife Maneckbai and his three sons Vidyachand, Madhukar and Tilak against three (i), Narottam's descendant Jammohan and Jagmohan's sons namely Kishore Kirit, and Dinesh (ii) Ramchand's descendants i.e. five sons of Ramchand, namely Bhagwandas, Dharamdas, Amritlal, Devi Das and Hemchand and five grand sons of Ramchand, namely Tribhuban, Arun, Prabhudas, Vimal and Suresh, and (iii) Varjiban and his wife Savita who had separated from the branch of Pranjivan.

3. The case of the plaintiffs in the plaint is that one Jaitha Jaic hand was the absolute owner of the Premises No. 48, Ezra Street, Calcutta. He died intestate on or about the 19.6.1911 leaving behind him his widow, Hem Keorbai and three sons namely Ramchand, Narottam and Pranjivan each having 1/3rd share in the above premises.

4. Ramchand died intestate on or about 11.1