JUDGMENT:

S.B. Sinha, J.

The defendants are the appellants. The parties were co-owners. The suit properties are situate in two villages; 232 bighas and 10 biswas in village Samleu and 76 bighas in village Punjoh.

It is not in dispute that whereas the plaintiffs - respondents had all along been in possession of the property situate in village Samleu, the appellants are in possession of village Punjoh. Allegedly, in the revenue settlement record of rights prepared in the year 1953, joint ownership of lands situate in village Samleu was recorded. However, it was observed therein that if the predecessors of the appellants "do not give share" to the plaintiff respondent in the land in village Punjoh, the plaintiff-respondent may ask for the review of the order.

On the plea that the land situate in village Punjoh was jointly recorded, it was urged that the entry in the said record of rights attained finality.

Indisputably, however, the appellants had filed two suits; one in the year 1968 and another in 1978. In the aforementioned suits, a prayer for partition and separate possession was claimed by the appellants herein in respect of 2/3rd share in the entire land situate in village Saml