JUDGMENT :- This is an appeal by defendants 1, 3 ,and 4 and arises out of a suit filed by the plaintiff (Respondent No. 1) for partition of the plaint A and B Schedule properties into three equal shares and for recovery of possession of one such share together with mesne profits from 1956. The following genealogical table will show the relationship between the parties.

2. It is the plaintiff's case that his father Gandua Mandal died long ago leaving behind him his widow, three sons, and two daughters. He also left behind him a residential house and about 8 acres of land besides cash and other moveables. The plaintiff and his two brothers used to go to Burma and earned substantial sums of money. From out of the money so earned and the income from the joint family lands, new properties were being acquired in the name of defendant No. 1 who being the eldest of three brothers was the Karta of the joint family. Thus, in course of time, properties mentioned in plaints A and B schedules were acquired. As defendant No. 1 had no son of his own, he had adopted Dandia (defendant No. 2) the son of the plaintiff. About 11 years before the institution of the suit, the three brothers began to have