Heard learned counsel for the appellant.

2. The appellant is plaintiff.

3. The plaintiff has instituted the suit for declaration of right, title and interest, confirmation of possession of the suit land and in alternative for recovery of possession.

4. The disputed land so far as present proceeding is concerned, has been mentioned in Schedule-E.

5. The plaintiff is claiming title over the Schedule-E land on the basis of registered sale deed from Niranjan Mahtha, Prabhakar Mahatha and Kiran Chandra Mahtha, who are the respondents herein and on that basis the plaintiff has claimed that they have come into possession of the suit land.

6. The defendants have taken a plea that the suit land in question is a joint family property. The defendants have claimed the suit land from Sunderbala Debya who is one of the co-sharer of the property in question. There are four co-sharer of the Schedule-E property. Three co-sharers sold the property in favour of the plaintiff and one co-sharer sold the property in favour of the defendant nos. 1 to 4, who are subsequent purchaser from the Sunderbala Debya. Thus four shareholders are of the suit property of Schedule-E.

7. Now the question is only with