JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. This second appeal has been assailed against Judgment and decree passed in Title Appeal No. 81 of 1983 reversing the judgment and decree passed by Munshiff, 2nd Court, Serampore in Title Suit No. 48 of 1983. Division Bench of this court while admitting present second appeal, Their Lordship pleased to held that the second appeal will be heard on the grounds set out in the memo of Appeal. In the Memo of Appeal total 17 (seventeen) grounds have been set out.

2. During the course of hearing the learned counsel appearing on behalf of Appellants assailed the judgment of the court below mainly on two grounds.

(i) The entry in C.S. Record of Rights cannot prevail over the R.S. record of rights in view of the settled principle of law.

(ii) A co-sharer in an undivided property cannot construct a building without obtaining consent from other co-sharers.

3. The dispute which cropped up over the subject matter relates to land described in “ka” schedule to the plaint comprising of plot no. 1097, 1099 and “kha” schedule to the plaint comprising of plot no. 1262,1088,1100 of Mouza-Samil, District-Hooghly.

4. The appellants herein as plaintiffs filed aforesaid Title