Sudhir Ranjan Roy, J. - (1.) This appeal by the defendant no 1 is against the judgment and decree passed in Title Appeal No. 33 of 1971 by the learged Subordinate Judge, Purulia, affirming those of the learned Munsif, Raghunathpur passed in Title Suit No. 151 of 1970.
(2.) The relevant facts are as follows: The suit-plot, being plot no. 1153 measuring 25 decimals, originally belonged to two brothers, Prahlad Mondal and Gobinda Mondal, each having a moiety share therein. By arrangement Prahlad possessed the eastern 121/2 decimals and Gobinda the western 121/2 decimals. Subsequently Prahlad settled his moiety share to Gobardhan Majhi, father of the present defendant no 1 Gadadhar Majhi and Gobinda settled his portion to Ananta Mondal, father of the plaintiff Ananta having expired sometime in 1350-51 B.S. his portion of the land, viz, the western 121/2 decimals of the suit plot, was inherited by the plaintiff (his son), widow Phulkumari alias Phulkomani, predeceased son Bonku's widow Paribala (defendant no. 4) and pre-deceased son Mansaram's sons Santosh (defendant no. 2) and Sunil (defendant no 3). Ananta also left the defendant no. 5 Sami Mandalini as his daughter, but under the existing law she was not her father's legal heir. Thus, on Ananta's death his properties including the western 121/2 decimals of the suit plot were inherited by the plaintiff and his other legal heirs, each having 1/4th share therein.
(3.) The plaintiff filed a suit for partition in respect of his 1/4th share in the properties including the western half of the suit-plot, being Title Suit No. 79 of 1951, though by mistake the area of the western portion of the suit plot was described in the schedule to the plaint as 10 decimals instead of 12/1/2 decimals.;