S. BARMAN, J.

( 1 ) IN this matter, the defendant-judgment-debtor No. 1 Harihar Pati is the appellant before us. The relevant facts, shortly stated, leading to the present controversy are these : On February 12, 1940 one Surath Nath Bose, Sisir Kumar bose, Prafulla Kumar Bose, Bijoy Kumar Bose, Birendra Nath Bose, and nalinibehari Bose (hereinafter referred to as plaintiff-Boses) filed a suit in the 2nd munsif's Court Cuttack, being O. S. No. 56 of 1941, against the appellant Harihar pati: and in the said suit, the plaintiffs joined Kunjabehari Bose. Bipinbehari Bose and Bankimbehari Bose (hereinafter referred to as defendant-Boses), as pro forma defendants. The basis of the alleged claim of the plaintiffs was that the defendant No. 1 harihar Pati, the appellant before us, was a trespasser in respect of the suit land, described in the schedule to the plaint in the suit. Incidentally, it is relevant to mention here that the shares of the plaintiff-Boses and the defendant-Boses were specified in the plaint, namely, the plaintiff-Boses jointly having twelve annas share in the suit land and the defendant-Boses the remaining four annas share. The further fact was that there was a mortg