(1.) The original plaintiff-appellant, now dead and substituted by his legal representatives, lost his suit for partition of his half share in the disputed 52.03 acres of land described in Schedule 'Kha' of the plaint.
(2.) The admitted genealogy is that one Naran Sahu had three sons, namely, Jagabandhu, Madhaba and Sadhu in order. The deceased plaintiff Chandra Sekhar is the son of Madhab. The contesting defendant No. 1. Bhagirathi is the son of Jagabandhu. The third son Sadhu died issueless while joint with his brothers. The plaintiff's father Madhaba died after Sadhu. Jagabandhu the father of defendant No. 1 therefore being the eldest member of the family was the Karta and after him defendant No. 1 became the Karta. Other defendants (Nos. 2 to 4) are the sons of defendant No. 1.
(3.) The plaintiff's case was that the 'Kha' schedule properties are all joint family properties though acquired mostly in the names of defendant No. 1. Some are also in the names of plaintiff's wife and his sons as well as the son (D.2) of D. 1. Yet all are joint family property having been acquired from joint family nucleus. Admittedly the ancestral property was about 21 acres and the rest have been acquired by defendant No. 1.