JUDGMENT :

Supratim Bhattacharya, J.

1. The instant appeal has been preferred by the appellants/plaintiffs being aggrieved by and dissatisfied with the Judgment and order passed by the Ld. Civil Judge Sr. Divn. Purba Medinipur in the Title Suit 31 of 1993 on 16.06.2010.

2. Through the aforementioned Judgment the Ld. Trial Judge has been pleased to dismiss the said suit.

3. The lis involves declaration and partition along with mandatory injunction.

4. The appellants/plaintiffs namely Draupadi Poira and Santilata Giri, being the wife and daughter of Ganesh Chandra Poira, contends that one Narendra Nath Poira was the father of Ganesh Chandra Poira and Bhagabat Chandra Poira.

5. The said Ganesh Chandra Poira died an unnatural death on 03.01.1993, during the absence of his wife who had gone to her father’s house at that point of time.

6. Till 03.01.1993 both Ganesh Chandra Poira and his elder brother Bhagabat Chandra Poira were residing in joint mess. Names of both of them were recorded in the record of rights. Bhagabat Chandra Poira being the elder brother was acting as the head of the family and used to look after all the properties.

7. On 02.01.1993 the appellant no.1 namely Draupadi Poira w