JUDGMENT :

(Soumen Sen, J.) :

1. The appeal was heard along with the application for amendment of the written statement. The appeal and the said application are disposed of by this common judgment.

2. Briefly stated, the appellants are the legal heirs of one Sambhu Nath Roy. The respondents are the legal heirs and representatives of one Kamalakshya Roy, since deceased. The relationship between the parties would appear from the following genealogical table:

Genealogical Table

3. Prasanna, Jogesh Jogesh and Nibaran took settlement (Banda(Bandabosto) of the suit property on 8th January,January, 1907 from the Government Government of India. The Pattas were disclosed andand marked as Exhibit 5. Prasannaanna was having 8 Annas share whereas Jogesh and Nibaran both sons of Tarini have 4 annas share each.

4. On the death of Prasanna his two sons Ramchand Roy and Kalachand Roy inherited 8 annas share of their father each having 4 annas share and recorded their names in C.S.R.O.R. The C.S.R.O.R published during 1928-1930 would show their names.

5. Jogesh also died in the mean time and his 4 Annas share was inherited by his only son Kamalakshya and he recorded his name in C.S.R.O.R. The name o