JUDGMENT :

Arindam Mukherjee, J.

1. The appellants and the respondent no. 9 are the sons and daughters of Md. Bashir through his first wife Begum Noor Jahan. The respondent no. 1 is the second wife of Md. Bashir. The respondents no. 2, 3, 4 and 5 are the daughters of Md. Bashir through his second wife Nargis Begum (respondent no.1). The appellants have filed a Partition and Administration suit claiming their share in the estate left behind by Md. Bashir who died on 15th January, 2007 claiming that the said Md. Bashir died intestate. The appellant say that Noor jahan Begum died on 3rd July, 2000, two of daughters of Md. Bashir, namely, Husne Jahan and Roshan Jahan and one son Md. Mehmood through his first wife Noor Jahan Begum pre-deceased Md. Bashir. Md. Mehmood died on 12th March, 1998, Husne Jahan on 19th July, 1975 and Roshan Jahan on 17th October, 2006. The plaintiffs have suggested in the plaint a share holding pattern in terms whereof of the heirs of Md. Bashir inherited his estate upon his death in intestacy. In the alternative the plaintiffs have claimed for determination