, J.

1. This appeal by defendants 1 to 5 is directed against the judgment and decree of the District Judge of Singhbhum setting aside a judgment and decree of the Munsif and consequently dismissing a suit for declaration of title to and recovery of possession of a culturable area of land measuring 17 bighas 5 kathas 13 dhurs being a portion of khata No. 32 in village Tulasram police station Chandil in the district of Singhbhum.

2. One Harinarain Patar was the recorded raiyat of khata No. 32. He died leaving behind three sons, namely, Mango-binda, Dhananioy and Ramgopal. Mango-binda died leaving a widow named Sarala Patarani (defendant No. 10 in the suit). Dhananjoy and Ramgopal died lone ago. Defendants 1 to 3 are the sons of Dhananjoy and defendants 4 and 4(a) are his two widows. Defendant No. 5 is the son of Ram-gopal.

3. The case of the plaintiff respondent was that after the death of Harinarain his three sons came in possession of the family property, including the suit land. There was a private partition, by which the land described in schedule 2 to the plaint fell to the share of Mangobinda and after his death inherited by defendant No. 10 She held this land for somet