This appeal arises from the judgment of the Assistant District Judge <I) Silchar passed in Title Suit No. 32 of 1972.

2. Facts,- Five (5) brothers, namely Romen Ch. Dey, Birendra Kr. Dey, Binoy Ch. Dey, Banka Behari Dey and Aswini Kr. Dey, were members of a joint Hindu family. Birendra (since deceased) and the heirs of Romen, Binoy and Banka Behari, instituted the suit against Aswini (since deceased) for partition of the suit pro­perties by metes and bounds and claiming allotment of specific areas of la ads and particular houses standing thereon described in Sche­dules - 1 and 2 as regards the non-agricultural land and division of the agricultural land. Birendra and Aswini died during the pendency of the suit and, therefore, their legal representatives have been made parties in the suit. The case of the plaintiffs is that five brothers jointly purchased the lands described in Schedules -1 and 3 under registered deeds of sale, Exts - A and 8. The land described in Schedule - 2 is a joint family property although it was purchased in the name of Aswini as the purchase was made with the aid of the joint family property. The five brothers were in common possession of the suit land and af

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