SURYA PRAKASH KESARWANI, J.

1. Heard Sri Ashuthosh Srivastava, learned counsel for the appellants-defendant Nos.6 and 10 and Sri R.K. Pandey, learned counsel for the plaintiffs-respondents Nos.1, 2, 3 and 4.

2. This first appeal under Section 96 of the Civil Procedure Code has been filed praying to set aside the judgment dated 29.09.1978 in O.S. No.23 of 1972 (partition suit) passed by the IIIrd Additional District and Session Judge, Banda.

3. Briefly stated facts of the present case are that one Sri Lal Man had purchased plot Nos.1628/1 and 1628/2, situate in Village Bhawani Poorva, Muhal Shekh Yusuf Ujjama, District Banda (hereinafter refer to as "suit property") by a registered sale deed dated 08.07.1924 from Shekh Madarazzami S/o Yusuf Ujjama for Rs.3600/- for construction of a Dharmshala at Railway Station Road.

4. The aforesaid Lal Man had the only issue as his daughter Smt. Sukhdei, who was married to one Ram Prasad. Smt. Sukhdei had three sons namely Sri Ram Krishna (married to Smt. Mahadeiya-defendant No.10), Mata Prasad (plaintiff) and Bhagwan Das (defendant No.1). Ram Krishna had three sons, namely Badri Prasad (defendant No.2), Kedar Nath (defendant No.3), Krishna