JUDGMENT

I.P. Mukerji, J.—The suit before the learned court below was for declaration of title of the appellants/plaintiffs (the appellants) and for partition of a property claimed to be jointly owned and possessed by them and the respondents/defendants (the respondents).

2. The subject matter of dispute is a parcel of about 53 decimals of land situated at Mouza – Barisha under P.S – Kolaghat in the district – Purba Medinipur. The appellants say that the appellant Nos.1 to 7, the five sons and two daughters of Bhupati Majhi inherited intestate from their father 18 decimals. The other appellants 8 to 14 have inherited 17 decimals from Jugal Chandra Maiti. All this adds upto 35 decimals. The appellants also say that the respondent No. 1, Sukbinder Singh is the owner of 18 decimals of land out of which he has transferred some part to his minor children the respondent Nos. 2 and 3.

3. According to the respondents, this 53 decimals of land originally belonged to Rakhal Chandra Bera and his brother Madhab Chandra Bera in equal shares. One Gunadhar Bera became the owner of the entire 53 decimals of land. As he was illiterate, he could not record his name in the land register as a result o