This second appeal arises out of a suit for partition. The plaintiff claimed 5/8th share in the house in dispute. Both the courts below have decreed her claim by a preliminary decree. Now the contesting defendants, namely, defendants Nos. 4 and 5 and their mother Smt. Ram Devi have come up in the instant appeal against the judgment and decree of the courts below. It seems that Smt. Ram Devi had not contested the claim in the trial court and did not join the appellants in the lower appellate court but she has also been impleaded as the appellant No. 2 in the instant second appeal.

2. In brief, the Plaintiff alleged that one Pooran Mal was the original ancestor and at his death he left four sons, viz., Mohan Lal, Shiv Sahai, Heera Lal and Mangal Sen, Pooran Mal left the house in dispute and the plaintiff s allegation in the plaint is that each son had l/4th share in the said house on the death of Pooran Mal. It is argeed between the parties that Hira Lal was the first to die in 1917, thereafter Shiv Sahai died and thereafter Mohan Lal died in 1938. Mangal Sen was the last to die on 18th Jan. 1958. The plaintiff-respondent No. 1 is the daughter of Mangal Son. Heera Lal on h