JUDGMENT :

A.K. Rath, J.

Defendants are the appellants against a reversing judgment.

2. Plaintiff-respondent instituted the suit for partition. The following genealogy would show the relationship of the parties.

Ganga Munda (dead)
Lengda Munda (dead)	Tura Munda (dead)
Muchu Munda (D-1)	Dasarath Munda (Plaintiff)

The case of the plaintiff was that one Ganga Munda was the common ancestor of the plaintiff and defendant no.1. He died leaving behind him two sons, namely, Lengda and Tura. Plaintiff is the son of Tura. Defendant no.1 is the son of Lengda. They constituted a joint Hindu family. The suit property is their ancestral property. After death of Legda and Tura, plaintiff and defendant no.1 succeeded to the properties. The suit property had been jointly recorded in the last settlement. There is no partition by metes and bounds, although they have been in separate possession of different parcels of land by amicable arrangement. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

3. The defendants filed written statement stati