JUDGMENT :

A.K. RATH, J.

1. Defendants 1 to 3 are appellants against an affirming decision.

2. To appreciate the inter se disputes, it would be prudent to furnish the genealogy, which is as follows:-

Gobinda @ Gopal Majhi
Mangal Pama (Plff)	Budhia = Jhana (D-3)		Bhaja (D-4)	Samari (D-5)
	Rakhal (D-1)	Sitaram (D-2)

3. Respondent no. 1 as plaintiff instituted a suit for declaration of title and partition of Schedule-B property. The case of the plaintiff is that the parties to the suit are ‘Santal’ by caste and governed by Old Mitakshara School of Hindu Law. The Hindu Succession Act, 1956 does not apply to them. Gobinda @ Gopal Majhi was the common ancestor of the parties. He died leaving behind him four sons, namely, Mangal, Budhia, Bhaja and Samari. Mangal and his brothers had purchased Ac.8.29 decimals of land appertaining to Hal Katha No. 54 of Village Chunat. The said land was recorded in their names in the current settlement. Since dissensions cropped up in the family, Budhia expressed his intention to remain separately. The la