JUDGMENT

M.M. DAS, J. -This appeal has been admitted on the substantial question of law as to whether under Ext. 5, the share of Shyamasundar was sold or interest of Shyamasundar in the joint family property was put to auction by the Court. The Plaintiff-Respondents filed a suit, being T.S. No. 124 of 1982, claiming that late Harihar Mohanty, the deceased father of the Plaintiff Nos. 1 to 5 and the husband of Plaintiff No.6 owned the suit land and was in possession over the same and other adjoining land in the aforesaid khata till his death in the year 1973 and after his death, the Plaintiffs have inherited the said property with house standing thereon as owners and have been possessing it. The Defendant No.1 was engaged by late Harihar Mohanty as a servant, who was. allowed to stay over a small thatched house constructed by late Harihar Mohanty and during current settlement operation, the Defendant No.2 in collusion with the Defendant No.1 has put-forth a false claim over the Schedule 'A' land on the ground that they are possessing the same as the father of Defendant No. 1 purchased the same from Abhiram Dash on payment of Rs. 10. Asserting that the Defendants have no right, title