Rajiv Sharma, J.

Heard the learned counsel for the appellants. Though the notices have been issued, nobody responded on behalf of the respondents.

2. The proceeding has been initiated by the plaintiff/respondent for delivery of the possession of the suit property. The said suit was decreed, against which appeal was preferred. The order of the learned Trial Court was affirmed.

3. Being aggrieved, the instant appeal has been preferred and this Hon'ble Court by means of order dated July 8, 1999 while admitting the appeal has been pleased to frame a question of law as under:-

"Whether in view of the findings of the learned courts below to the effect that the plaintiff was not in possession of a part of the suit property, the suit was maintainable to the said extent, as no prayer for recovery of possession had been prayed for in the suit?

4. It has been submitted that the appellants/petitioners inherited and in physical possession of 30 decimals of land out of 64 decimals of land on Plot No. 695, Khatian no. 171, J.L. 192, Mouza-Dhuipara, Police Station-Mohanpur, District-Paschim Midnapore along with structures thereon. It has been further submitted that they are residing in the sa