Hari Shankar Prasad, J.

1. This appeal arises out of the judgment dated 3.9.1991 and decree dated 13.9.1991 passed in Title (Partition) Suit No. 86 of 1988 whereby and where under the learned Subordinate Judge, V at Ranchi decreed the suit in part in favour of the plaintiffs.

2. The case of the plaintiffs-appellants in brief is that Lachan Lal Bhagat was the common ancestor of the parties and he had sixty acres of agricultural land in different villages in Ranchi District. Out of income from agricultural and non-agricultural properties, he on 20.4.1934 acquired ten kathas of land in Old Commissioners compound mentioned in Schedule-B of the plaint in the name of Nandlal Bhagat who was his only son and the building was constructed over the said land. After the death of Lachan Lal Bhagat in 1956 and soon thereafter Nandlal Bhagat too died on 13.10.1973 and after death of Nandlal Bhagat, who left behind him three sons namely, Santosh Lal Bhagat, Mahendra Lal Bhagat and Ranjit Lal Bhagat. His one son Basant Lal Bhagat pre-deceased him in 1969 leaving behind his widow Santi Devi DW 6 and five sons namely Pradeep DW 1, Promod DW 2, Jayant DW 3, Ashok DW 4 and Alok DW 5 as shown in S