( 1 ) THIS appeal arises out of a judgment and decree passed by the learned Subordinate Judge, Fifth Court at Alipore on June 12, 1978 in Title Suit No. 54 of 1974. 1. This suit was one for partition by the plaintiffs against defendants on the ground that the property belonged to one Pulin Behari Mukherjee, who happened to be the brother and uncle and granduncle respectively of the other plaintiffs. Pulin Behari got the property by inheritance as well as through self-acquisition. It was alleged that the properties were joint and that the defendant Nos. 1 and 2, who are the sons of the sister of Pulin Behari, threatened their right, title and interest in the property and that the other co-sharers refused to effect partition. The suit was contested by the defendant Nos. 1 and 2 whereas the other defendants supported the case of the plaintiffs but did not contest the suit though filed their written statements. The parties went to trial and adduced evidences.

( 2 ) IT appears that the facts are more or less admitted. The only question that falls for our consideration is as to the interpretation of the character of the deed of family settlement, as described by the sett