JUDGMENT :

K.R. Mohapatra, J.

The unsuccessful defendants in T.S. No. 3 of 1984 have filed this appeal assailing the judgment and decree dated 30.4.1988 and 13.05.1988 passed by learned Sub-ordinate Judge, Rairangpur.

2. The suit was filed for decree of partition in respect of schedule ‘A’ land. The case of the plaintiffs as revealed from the plaint is that plaintiff No.1, namely, Kala @ Nuna Majhi is the son of late Dubraj Majhi through his first wife, namely, Basi. Plaintiff No.2 is the son of plaintiff No.1. Defendant Nos. 1 and 2 are the sons of said Dubraj Majhi through his second wife, namely, Kapura. Defendant No. 3 is the widow of late Laxman Majhi, one of the sons of late Dubraj Majhi through his second wife. Laxman Majhi died in the year 1980 leaving behind defendant No. 3 and daughter namely, Kapura. One Hema Majhi was the common ancestor of the plaintiffs and defendants. The suit land was recorded in his name in the 1927 Settlement. On the death of Hema Majhi, plaintiffs inherited and possessed the suit land. After the death of Hema, the plaintiffs, defendants 1 and 2 and the husband of defendant No.3 possessed Schedule-‘A’ land according to their convenience with an under