JUDGMENT :

Krushna Ram Mohapatra, J. - In this appeal, appellants, who are defendant Nos. 5, 6 and 7 in Title Suit No. 44 of 1986, assail the judgment and decree dated 8th May, 1991 and 28th June, 1991 respectively passed therein by learned Sub-Judge, Sonepur. One Parasu Patra was the common ancestor in a Hindu joint family. He died leaving behind his five sons, namely, Daman, Chaitan, Abhiram, Sankuri and Pandab. Successors in interest of the branch of Chaitan, Sankuri and Pandab filed Title Suit No. 44 of 1986 for partition contending that Parasu had properties in village Jamgaon and Gandabahal. The eldest son, Daman had separated himself since long by taking his share in village Jamgaon. Other properties in village Gandabahal measuring an area of Ac.20.399 decimals remained joint and the successors in interest of the rest four branches of the common ancestor (Parasu) were enjoying the same jointly. But, for the sake of convenience, they were possessing and cultivating different parcels of the land without any partition between them by metes and bounds. Thus, their names were jointly recorded in the 4th Settlement ROR published in the year 1954 in Khata No. 43 (for short, 'Suit la