This appeal by the defendant no. 1 is against the judgment .and decree passed in Title Appeal No. 33 of 1971 by the learned Subordinate Judge, Purulia, affirming those of the learned Munsif, Raghunathpur passed in Title Suit No. 151 of 1970.

2. The relevant facts are as follows :

The suit-plot, being plot no. 1153 measuring 25 decimals, originally belonged to two brothers, Prahlad Mondal and Gobinda Mandal, each having a moiety share therein. By arrangement Prahlad possessed the eastern 12½ decimals and Gobinda the western 12½ decimals Subsequently Prahlad settled his moiety share to Gobardhan Majhi, father of the present defendant no. 1 Gadadhar Majhi and Gobinda settled his portion to Ananta Mandal, father of the plaintiff Ananta having expired sometime in 1350-51 B. S, his portion of the land, viz, the western 12½ decimals of the suit-plot, was inherited by the plaintiff (his son), widow Phulkumari alias Phulkomani, predeceased son Bonku's widow Paribala (defendant no. 4) and pre-deceased son Mansaram's sons Santosh (defendant no. 2) and Sunil (defendant no 3). Ananta also left the defendant no. 5 Sami Mandulini as his daughter, but under the existing law she was not h