M.Y. Eqbal, J.

1. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 07.09.99 passed in First Appeal No. 116/1985(R), whereby the learned Single Judge dismissed the appeal and confirmed the judgment and decree dated 3.8.85 passed by Second Additional Sub-Judge, Giridih decreed the suit in part for partition of the suit properties to the extent of 1/7th share only. The plaintiffs/appellants aggrieved by the said judgments and decree filed the instant Letters Patent Appeal.

2. The plaintiffs/appellants case in short is that one Anant Ram was the common ancestor of the parties. He had two sons namely Mahadeo Lal and Fagu Lal and they constituted a joint Hindu Mitakshara family of which Anant Ram was the Karta. The joint family carried on business in the name and style of M/s. Anant Ram Mahadeo Lal, Shri Anant Ram died in the state of jointness leaving behind his son Mahadeo Lal and Fagu Lal who succeeded him and subsequently Mahadeo Lal died leaving behind two sons namely Behari Lal Jalan and Chhedi Lal Jalan. Fagu Lal also died leaving behind three sons namely Basant Lal Jalan, Jwala Prasad Jalan and Banwari Lal Jalan. Behari Lal Jalan died