1. THE plaintiff-appellant filed Title Suit No. 1 of 1976 in the court of the learned Massif at Dan tan, District Midnapore against the defendant-respond eats inter alia for declaration. of title in the suit property and for permanent injunction. The plaintiff's case as made out in the plaintiff inter alia was, that Dag No. 601 appertaining to the original C. S. Khatian No. 581 belonged to one Kamal Maisal who had three sons namely, Sibu, Durga Prasad alias Durgi and Hiru and on the death of the said Kamal Maisal, his said three sons inherited the entire estate of their deceased father including the suit land in equal shares. The said three brothers later on, had partitioned their said inherited properties amicably and started enjoying and possessing their respective lands separately and their respective individual status were also recorded in the record of rights which was made Exhibit No. 4 in the suit. Out of the original Plot No. 601 two data plots were created being plots Nos. 601/1180 and 601/1181. Plot No. 601 having an area of. 24 decimals was recorded in the name of Hiru; Plot No. 601/1180 with an area of. 27 decimals and lying on the adjacent east of Plot No. 601,