JUDGMENT :

Bibek Chaudhuri, J.

1. One Smt. Shibani Bose, since deceased on 30th January, 1970, was the owner of the plots of land situated in dag No.2622 under khatian No.253 and khatian No.682 of Mouza Kasba, under Haltu Union Board, District South 24 Parganas, measuring 3 Cottah and 22 square feet of Rayati Land which she purchased on 22nd May, 1963 by virtue of a Registered Deed of Sale. During her life time she had been possessing the said land, constructing a one storied pucca building thereon and paying government taxes etc.

2. At the time the of death of Shibani Bose she left behind her husband Sudhir Kumar Bose, her two sons and one daughter, namely, Babu Bose, Bapi Bose and Banani Bose. Her husband died on 20th January, 1984. During the passage of time one Smt. Jharna Bose, wife of late Bapi Bose, Gopal Bose, son of late Bapi Bose, Minati Bose wife of late/untraceable Babu Bose, Somnath Bose and Sanjib Bose sons of late/untraceable Babu Bose and daughter Banani (Mistry) Bose became the co-shares of the aforesaid land and structure and they had been possessing the said land with structure, peacefully and uninterruptedly. It is the case of the petitioners that in the year 1970-