- (1.) This is a second appeal filed by the defendants against judgment of affirmance arising out of a suit for partition. Undisputedly, the property belonged to one Manick Chandra Bez. Manick Chandra Bez died intestate in the year 1934. The property was inherited by his two sons Hadipada and Chandi Charan. Haripada died sometime in 1957.
(2.) Chandi Charan is the plaintiff while the heirs and legal representatives of Haripada are the defendants.
(3.) The plaintiff instituted the suit for partition. The defendants jointly contested the suit by filing a joint written statement. It was alleged that there was a previous oral family partition between the parties in 1962. In such partition, the defendants got northern side of the suit property while the plaintiff got southern side of the suit property. A faint allegation was made that the defendants acquired title by adverse possession ousting the plaintiff. Both the courts below concurrently found, as findings of fact, that the previous oral family partition could not be proved.;