SITESWAR ROY Vs. TEPUA BARMAN

JUDGEMENT

(1.) This is an appeal by the defendants and arises out of a suit brought by the plaintiffs for declaration of their right to a share in the properties in suit and for possession after partition by metes and bounds. The properties in suit-are certain jamas and the plaintiffs claimed a 3/4 share in those properties. The defence of the defendants was that they were the owners of the jotes and were in exclusive possession thereof for a very long time without any connection whatsoever with the plaintiffs.

(2.) The facts shortly stated are these: It appears that one Janaki died leaving three sons Dhir Nath, Asinath and Kalinath. Dhirnath had four sons, namely, Kachu, Tepu, Fulchan and Fedhu. The plaintiffs are the sons of Kachu and the other two-sons of Dhirnath, namely, Tepu and Fulchan. The defendants are the sons of Fedhu who according to them was adopted by Asinath.

(3.) The plaintiffs case as presented in the first Court was that they were in possession of their share in the jotes which, were their ancestral properties by receipt of paddy from their adhiars and were, therefore, in joint possession of their share with the defendants. The plaintiffs alleged that they had been dispossessed after a criminal case from all lands except those mentioned in schedule "Icha" to the plaint.