JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Being aggrieved and dissatisfied with the judgment and decree dated 9th September, 1968 passed by subordinate Jude 1st Court, Midnapore, in TA no.639 of 1967, present second appeal has been preferred by the defendant/appellants. By the impugned judgment learned court below has set aside the decree passed by learned trial court in TS No. 348 of 1963.

2. Plaintiffs filed the aforesaid suit with a prayer for declaration confirmation of possession and alternatively for recovery of possession and permanent injunction. According to plaintiffs, they have 14 annas 5 gonda share in the ‘ka’ and ‘kha’ schedule land, 12 annas 10 gondas share in the ‘ga’ schedule land 16 annas share in the ‘gha’ schedule land. One Nilambar Singha appears to be the common ancestor of the plaintiff who died in 1340 BS and his wife predeceased him. Nilambar was survived by his two sons Sarada and Barada. Bityamoyee is the wife of Sarada and Bindubasini in the wife of Baroada-plaintiff no. 1 and 2 are the sons of Barada and Gajendra and Nagendra are the sons of Sarada. Giribala is the wife of Ganjendra and defendant no. 12 to 17 are the children of Gajendra.

3. Plaintiffs further