JUDGMENT :

A.K. RATH, J.

1. Defendant nos. 2 and 3 are the appellants against the reversing judgment.

2. Respondent nos. 1 to 3 as plaintiffs instituted the suit for declaration of right, title and interest and permanent injunction impleading the appellants and respondent No. 3 as defendants. The case of the plaintiffs is that Plot No. 450, Ac.0.31 dec. under Holding No. 83/18 corresponds to Sabik Plot No. 495, Ac.0.27 dec. and Plot No. 499, Ac.0.04 dec. under Holding No. 43 of Mouza-Phuguda stood recorded in the name of Bhagirathi Chinagun. The suit land is the joint family property of the plaintiffs and was never partitioned by metes and bounds. Bhagirathi died leaving behind his three sons, namely, Damadar, Ratu and Pabitra. Ratu died issueless. Damadar died leaving behind his wife Ketho and two sons, namely, Jayadhar and Thulu. Pabitra died leaving behind his three sons, namely, Gobardhan, Sikun and Kapurchan, who are plaintiffs 1 to 3 respectively. Both the sons of Damadar died. Ketho Chinagun was maintained by Pabitra. After the death of Pabitra, all the plaintiffs maintained her. She was residing with them in the house situated over the suit land. After the ancestral house was