D.K. Seth, J.: This appeal is directed against the judgment and decree dated 29th July, 1983 passed by the learned Subordinate Judge, Maldah in Partition Suit No. 81 of 1976. The plaintiff respondent has filed the suit for partition on the ground that his father Lakshman Mondal and Ramji Mondal were enjoying the properties sought to be partitioned jointly and that there was no partition and his request for partition having been refused, he has filed the suit for partition. According to him, some of the properties stood in the name of the parties and some stood in the name of the individual members. But those are all purchased from the income of the joint properties. Therefore, all these properties are joint properties, which are liable to be partitioned.

1.2. The defendant, Ramji Mondal, on the other hand, points out that the two brothers were joint but around 45/50 years ago there was an amicable partition between the parties and since then each of the brothers had been possessing the properties separately. According to him, each plot was being possessed by each of the brothers, one by one side of the property and other by the other side of the property. That some properties