Sabyasachi Bhattacharyya, J. - (1.) The present second appeal arises from a judgment of affirmance passed in a suit, inter alia for declaration of title of the Plaintiff No. 1/Respondent in respect of Ka, Kha, Ga, Gha, Una and Cha schedules of the suit property, for recovery of khas possession and injunction in respect of portions of the suit property and for partition in respect of the suit property. The suit having been decreed by both the courts below, the defendants have preferred the instant second appeal.
(2.) The facts alleged, and findings of the courts below respectively, are as follows: Plaint version:
(3.) Bhuban, Fakir and Satish, who were brothers, were admittedly co-owners of Ka/1, Kha/1 and Ga/1 properties. Satish died first - he was unmarried, so his shares devolved upon his two brothers, Bhuban and Fakir, in moiety ( ) shares.;