A. K. PARICHHA, J.

( 1 ) AGGRIEVED by the judgment and decree of the learned District Judge, Kalahandi in T. A. No. 59 of 1982 confirming the judgment and decree passed by the Subordinate Judge, Bhawanipatna in T. S. No. 13 of 1981, the appellants have filed this appeal.

( 2 ) APPELLANTS 1 to 5 and Late Ghasiram Singh, father of appellant Nos. 6 and 7 as plaintiffs, filed the aforesaid suit asking for partition of the suit property described in the schedule of the plaint. The case of the plaintiffs in brief, was that one Ram Singh Beldar, the common ancestor of the parties, had acquired Ac. 38. 07 dec. of land including the suit land. On the death of Ram Singh Beldar, his sons Soman Singh Beldar, Rain Singh Beldar and Anjan Singh Beldar remained in joint mess and properties and possessed all the lands of Ram Singh although in the settlement of 1922-23 the said lands were recorded in the names of Soman Singh Beldar and Rain Singh Beldar only as Anjan Singh Beldar was a minor at that time. However during the last settlement held in 1947, taking advantage of the death of Soman Singh Beldar and Rain Singh Beldar and the minor-hood of the plaintiffs, the youngest son Anjan Singh Belda