JUDGMENT

A. K. PARICHHA, J. — This is an appeal by defendant No.1 against the judgment and decree of the learned Subordinate Judge, Bhawanipatna in T.S. No.11 of 1975 filed by Respondents Nos. 1 to 3 as plaintiffs for declaration of their right, title and inter¬est over the Schedule ‘B’ lands and confirmation of possession or in the alternative for recovery of possession of the same.

2. One Hari Saraf had two sons, namely; Sitaram and Jata. The plaintiffs are the sons and legal heirs of late Sitaram. Defendant No.1 and late Sadhu were the sons of Jata. Defendant No.2 is the son of late Sadhu. The case of the plaintiffs in essence was that in the year 1934-35 Sitaram acquired Ac.25.92 decimals of land appertaining to Khata No.17/2 in village Saras¬guda and another piece of land measuring Ac.0.64 dec. in the name of Late Sadhu. He also acquired some more land in village Chichia and all those lands were treated as joint family properties. According to the plaintiffs, in the year 1937 there was a family partition between Sitaram in one hand and the sons of Jata on the other hand wherein Sitaram retained the lands situated in village Chichia towards his share while Lingaraj and Sadhu go