This First Appeal arises out of a judgment and decree dated 9th December, 1980 passed by Shri Inderjeet Mishra, 4th Additional Subordinate Judge, Palamau at Daltonganj in Partition suit No. 61 of 1978, whereby and thereunder the said learned Curt decreed the plaintiffs-respondents' suit in part.

2. The fact of the case lies in a very narrow compass. The plaintiff No. 1 and the defendant no. 1 are admittedly the sons of late Pandit Sheonandan Dubey. The plaintiff nos. 2 and 3 are the sons of plaintiff No. 1 and the defendant nos. 2 and 3 are the sons of defendant no. 1.

3. According to the plaintiffs, the plaintiffs and the defendants constituted a joint family. The plaintiffs' further case is that the plaintiff no. 1 is illiterate whereas the defendant no. 1, who was the Karta of the joint family, was literate.

4. It has further been alleged that the common ancestor Sheonandan Dubey had 2 annas 6 pies Mukarari interest in village Lat-dag for which a separate takhta was carved out and the suit lands appertain to the said takhta.

5. It has further been alleged that defendant no. 1 filed a partition suit which was registered as partition suit no. 42 of 1968, the plaint whereo