JUDGMENT

1. This an appeal by defendants 1 and 5 against the judgment and decree of the Subordinate Judge of Dinajpur. The plaintiff sued as a pauper for declaration of title to and recovery of joint possession of one-fourth share of the properties in the hands oil defendants 1 and 5. The story of the plaintiff's right to the property may be very shortly stated thus : There was one Kali Prosad Mitra, the ancestor of the parties, who died in 1882. He had five sons. The eldest was Kunja Behary who died only recently after the decision of the case in the Court below. Rash Behary, the second son, was the father of the plaintiff, who died in 1893. Jadav was the father of defendant 1 who died in the year 1913. Trailokhya is defendant 4 in this suit and Brojo, defendant 2, in the suit. The plaintiff's case was that Kali Prosad had a homestead and some land. The income of the property which belonged to Kali Prosad was insufficient to maintain the family. Kunja Behary, the eldest son of Kali Prosad, lived with him, but Rash Behary came to live in Dinajpur with the object of getting into some sort of service. He managed to get employment under the district magistrate and began to earn conside