Gurusharan Sharma, J. - (1.) The present appeal has arisen out of a suit for partition, which was decreed by trial Court, but has been dismissed by the first appellate Court.
(2.) The parties are Mundas, an aboriginal tribe of Chotanagpur and suit lands are Mundari Khuntkatti lands. In CS Khewat No. 46 of village Landupdih, District -Ranchi, name of Roiya Munda, common ancestor of parties stood recorded as owner of Mundari Khuntkatti tenancy.
(3.) Roiya Munda died leaving behind four sons, namely, Chaitan, Pirti, Jhabulal and Sukhlal. In Revisional Survey, R.S. Khewat No. 47/1 was recorded in the names of defendants 1 and 2, Gulab and Chhutu, both sons of Chaitan, R.S. Khewat No. 4 and 2 was recorded in the name of Pirti, father of plaintiff Nos. 1 and 2 and grand father of plaintiffs No. 3 and 5; R.S. Khewat No. 1 /3 was recorded in the name of Jhabulal, father in law of defendant No. 4 and grand father of defendants 5 to 7. Khewat No. 47/4 was recorded in the name of Sukhlal, late father of defendants 8 and 9, namely, Rusu Singh and Purandar Singh.;