G. B. PATNAIK, J.

( 1 ) DEFENDANTS 11 and 12 have preferred this appeal against the judgement of the learned single Judge in First Appeal No. 236 of 1978 in a suit for partition.

( 2 ) THE mother of defendants 11 and 12, Sashi Bewa, had filed the suit for partition claiming one-fifth share in item Nos. I to VII of Schedule-B excluding Schedule-C and half share in item No. II of Schedule-D and item No. III of Schedule-E. The plaintiff's case, in brief, is that the common ancestor Hadiram had six sons of whom Pruthunath died unmarried. The other sons are Baidyanath, Sankar, Manilal, Dussasan and Bholanath. Baidyanath died in the year 1975 leaving behind 4 sons through his first wife who are defendants 1 to 4 and a daughter who is defendant No. 7 and his second wife Purna is defendant No. 6 and through his second wife, he had a son who is defendant No. 5. Sankar died in the year 1954 leaving his widow Shasi, the plaintiff and they had two daughters who are defendants 11 and 12. The other sons of Hadiram are defendants 8, 9 and 10. The further case of the plaintiff is that sons of Hadiram lived jointly and had extensive ancestral properties and out of the surplus of the said joint fa