JUDGMENT :

S.K. Ray, J. - Defendants 2 to 7 and a-Ka have filed this appeal from the confirming decision dated 17-11-1964 of Sri K.N. Sarkar, additional subordinate Judge, Balasore, passed in Munsif Appeal No. 39/11 of 1962.

2. One Sadananda Mohapatra died in or about 1911, leaving four sons, viz., Banchhanidhi Shayama Charan, Dheneswar and Damodar Naik. Shortly after the death of Sadananda, his four sons divided in mess and residence and separately possessed different portions of their property, without partitioning them by metes and bound. This amicable separation and possession continued. Thereafter different co-sharers acquired fresh properties. Ka and Ga Soh. lands are the ancestral properties. Soh. Kha lands were jointly acquired by Banchhanidhi and Shayama Charan. Banchhanidhi, the Plaintiff, alleges that he has 1/4th share in Schedules Ka and Ga. and a half share in Kha Soh. lands, and was possessing portions of these lands which are shown in red colour in the rough sketch map appended to the plaint, and Defendant-1 surreptitiously and fraudulently got recorded these lands in his name in the current settlement, and be having found it out, has filed the suit for a declaration