BIJAY LAL PANDEY Vs. BHUBANESWAR PANDEY

JUDGEMENT

(1.) This second appeal on behalf of defendant No. 1 arises out of a suit for declaration of plaintiff's title to 1/5th share in the lands in Khata No. 95 in village Raherdih in the District of Purulia after ejecting the principal defendants Nos. 1 to 5 and for joint possession with pro forma defendants Nos. 6 to 9 having the remaining 4/5th share. The plaintiff also claimed mesne profits.

(2.) The following admitted genealogical table would be helpful in understanding the case of the parties: (See Genealogical table on next page.)

(3.) It will appear from the above that Bhu-baneswar is the plaintiff respondent No. 1 and his two brothers Sashi and Sarbananda are pro forma defendants respondents Nos. 6 and 7. Kali Pada and Mahananda are the pro forma defendants respondents Nos. 8 and 9. Defendant No. 1 Bijoy. who was originally the appellant in this Court was the uterine brother of Bimala, widow of Bhagwat. Bijoy had two other brothers, name-ly, Protap and Nandalal. Defendants Respondents Nos. 4 and 5 are the son and the widow respectively of the said Nandalal.