Mungeshwar Sahoo, J. — The plaintiff have filed the First Appeal against a part of the Judgment and Decree dated 29.07.1978 passed by the learned Second Subordinate Judge, Patna in title suit No.16 of 1974.

The plaintiffs filed the aforesaid title suit No.16 of 1974 claiming partition of the suit property to the extent of 6 ana share therein. The plaintiff’s case in short is that Mostt. Ahmadi was the owner of the suit property. She died leaving behind her husband Sheikh Jan Bux, one son Khairat Hussain, two daughters, namely, Bibi Masaddi and Bibi Fashihan. Her heirs came in possession of the property after her death to the extent of their share. Jan Bux had 4 ana share. Khairat Hussain had 6 ana share and Bibi Masaddi and Fashihan each have 3 ana share in the property of Bibi Ahmadi according to Sunni School of Mohammad Law. The son of Ahmadi namely, Khairat Hussain had two wives. He had one son Jamal Hussain from his first wife and two sons namely, Aminuddin and Nihar Hussain from second wife. The two sons pre-deceased their father leaving behind their sons from second wife Moinuddin and Md. Firoz respectively who are defendant No.1 and 2. The son through first wife, n