(1.) Defendants 2 to 14 have appealed against a decree of affirmance.
(2.) The suit was for a declaration of plaintiffs' title to the property described in Schedule II of the plaint or, in the alternative, for partition of the property described in Schedule I into two equal shares and allotment of one such share to the plaintiffs. Schedule I relates to 20.25 acres of land comprised under Khata No. 109 in village Jalangbira in the district of Sundargarh. Schedule II relates to 10.21 acres out of the lands in Schedule I.
(3.) The plaintiffs' case may be briefly stated as follows: Koila Khadia was the common ancestor of the parties. He had two sons named Dhomro and Bhadra. The plaintiffs belong to the branch of Dhomro and the defendants to the branch of Bhadra. According to the plaintiffs, the property described in Schedule I was the ancestral joint family property of Dhomro and Bhadra. Due to dissension in the family they separated in mess and cultivated the lands separately according to their convenience though there was no partition by metes and bounds. Out of his own separate earnings, Dhomro took some anabadi lands from the then Ganju of village Bhamerchabe in the district of Ranchi and after reclaiming the same, obtained a raiyati patta in his name. Similarly, Bhadra went to village Bansj-har in Bihar and took some lands from the Ganju of the village on payment of premium out of the joint family funds. But he was dispossessed from the same since he did not take care to get a proper document in proof of his title. The lands in Schedule II have been in long continuous possession of the plaintiffs and their ancestors. During the settlement opera tions, the plaintiffs wanted to have a separate parcha in respect of the same. But the defendants objected and forcibly ploughed a portion of the property, thereby disturbing the peaceful possession of the plaintiffs. Hence, the plaintiffs brought the suit for the aforesaid reliefs.