MISRA, J.

( 1 ) DEFENDANTS excluding defendant No. 3 are the appellants in this Second Appeal. Dibakar and Ratnakar were two brothers. Defendants 1, 2 and 4 are respectively the son, the widow and the mother of Dibakar. The plaintiff is the wife of ratnakar. Defendant No. 3 is a purchaser of some of the suit properties from the appellants. The suit under appeal, which, was filed in May, 1956, is one for partition of the joint family properties of Dibakar and Ratnakar. Ratnakar had gone out to work in Calcutta side, far away from his native place, in 1946. A rumour reached his family that he was dead. The plaintiff sent her brother and another to go and make necessary enquiries. On their return they informed the plaintiff that Ratnakar was dead, as a result of which the plaintiff became a widow in 1948. In 1950 the plaintiff transferred her entire interest in the suit land, on the assumption that there had been severance of joint family status between Ratnakar and the other branch. Thereupon the present appellants instituted Suit no. 147 of 1950 impeaching the transfer, and the plaintiff was a defendant to that suit. The finding in that suit was that there was no severance of joint