JUDGMENT

B.K. Mukherjea, J. - This appeal is on behalf of the plaintiffs and it arises out of a suit commenced by them for establishment of their title to one-third share of the property in suit and for recovery of joint possession along with the defendants. The material facts lie within a very short compass and are not in controversy. The subject-matter of dispute is a tank which appertains to noabad taluk Bhabani Charan which originally belonged to one Gour Hari Nandi in taluki right. On Gour Hari's death, it devolved on his three sons, namely, Iswar Chandra (defendant l), Chandra Kumar (defendants) and Sasi Kumar. Sasi Kumar made a gift of his one third share in the property to his wife Mallikabala who is defendant 2 in the suit. It is not disputed that the tank was and is enjoyed as a part of the dwelling house owned by this family of three brothers. On 15-9-1929, the interest of Chandra Kumar in the tank was put up to sale in execution of a money decree against him obtained by a third party, and it was purchased by one Mohendra Chandra Majumdar. Mohendra took symbolical possession of one-third share of the tank on 22-11928 (sic). Later on, he sold his share of the tank along wi