JUDGMENT :

Siddhartha Roy Chowdhury, J.

1. Challenge in this appeal is to the judgment and final decree passed by the learned Civil Judge, Senior Division, 1st Court, Contai in Title suit no. 112 of 1999 on 10th April, 2000 and 20th July, 2009 respectively. For proper appreciation of the lis, facts in brief are indicated herein below.

2. The suit property was originally owned by Haraprosad Giri, Panchanan Giri and Banabehari Giri having 1/3rd share each. After the demise of Banabehari Giri his 1/3rd share devolved upon the son Subimal Giri and two daughters i.e. defendant no. 8 and predecessor of defendant nos. 3 to 7. The defendant no. 1 purchased the share of Subimal Giri, the son of Banabehari Giri. The 1/3rd share of Haraprosad Giri was acquired by his son Adhar Giri and after his death Lalmohan Giri and Bablu Giri two sons of Adhar Giri, Rohini Giri, the widow and Sandhyarani Giri, the daughter acquired said 1/3rd share of Adhar Giri. The plaintiff purchased the share of Sandhyarani Giri and Rohini Giri on 13th February, 1998. The defendant no. 1 purchased the share of Bablu Giri and Lalmohan Giri.

3. After the demise of Panchanan Giri his son Ananta Giri stepped into his shoes an