Gurusharan Sharma, J. - (1.) Lakhi Tiwary of village Kulmandih within the district of Giridih left behind three sons, namely Prahlad Tiwary, Darpan Tiwary and Gourishankar Tiwary. Prahlad Tiwary died leaving behind a son Nandkishore Tiwary, Darpan Tiwary left behind his window Gaya Devi and three sons, namely, Nakul Tiwary, Sidheshwar Tiwary and Kamdeo Tiwary, Gourishankar Tiwary was married with Adao Devi and got a son Tribhuwan Tiwary and two daughters, namely, Sushila Devi and Kusum Devi. Kusum left behind two sons Haldhar Tiwary and Motilal Tiwary.
(2.) A registered deed of partition dated 29.1.1983 was executed by Gourishankar Tiwary, Nandkishore Tiwary, Nakul Tiwary, Sidheshwar, Tiwary and Kamdeo Tiwary, whereby joint family properties were divided into five equal parts and allotted to each of them.
(3.) On 6.8.1983 Tribhuwan Tiwary, son of Gourishankar Tiwary filed partition Suit No. 58 of 1983 for partition of his l/6th share in the suit properties detailed in Schedules 'A', 'B' and 'C' to the plaint. In the said suit Darpan Tiwary was impleaded as defendant No. 4 and his three sons were impleaded as defendants 1 to 3. Gourishankar Tiwary was impleaded as defendant No. 5, whereas Nandkishore Tiwary was made defendant No. 6.;