JUDGMENT

1. The subject-matter of the litigation, which has given rise to this appeal, is a parcel of land comprised in holding No. 129 in the khas mehal of the Government in Cossipur in the Northern Suburbs of Calcutta. The Plaintiffs and the second and third Defendants were admittedly the owners of the holding No. 129 in which the Plaintiffs had a five-sixth share and the two Defendants had an one-sixth sharp. In 1884 an action for partition was brought in the Court of the Subordinate Judge of the 24- Pergunnahs in respect of this holding. The preliminary decree by which the shares of the parties were determined was made in due course and a Commissioner was appointed to effect a division by metes and bounds of all the lands comprised in the holding. By a mistake of the parties to the litigation, which was shared by the Commissioner, the portion now in dispute was omitted from the Report. As a matter of fact, this portion was, at the time, covered with jungle and was separated from the rest of the land by a ditch. The aspect of the locality indicated that the land now in dispute was not included in holding No. 129 which had been directed by the preliminary decree to be mapped out a