JUDGMENT

16.05.2025 SASHIKANTA MISHRA, J.

This is an appeal by the plaintiff against a reversing judgment. The suit filed by the plaintiff for injunction against defendant Nos. 1 and 2 was decreed by the trial court but was reversed and dismissed in appeal.

2. For convenience, the parties are referred to as per their respective status in the trial Court.

3. The case of the plaintiff, briefly stated, is that the suit schedule property belonged to one Bhajani in one branch and Puna, Guri and Muli, sons of late Madan in another branch, whose names were recorded in the sabik ROR of 1930 settlement. In an amicable partition between them in 1940, the sabik plot No.632 measuring Ac. 0.09 decimals and Plot No. 633 measuring Ac.0.032 decimals of Khata No.304 were allotted to Puna, Guri and Muli and they, being members of the joint family, constructed their dwelling house, excavated tank and planted trees. While they were in joint possession, Guri died in 1958 leaving his wife Jhumpei and daughter Chanda. Puna died in 1979 leaving behind the plaintiff-Bhikari as his only son. He had two daughters, Malati and Ratnamani. Malati died prior to Puna in 1963 leaving behind her sons and daughter, who w