Bhaskar Bhattacharya, J. - (1.) This first appeal is at the instance of defendant in a suit for partition and is directed against judgement and decree dated January 19,1978 passed by the Sub-Ordinate Judge, Maldah in Title Suit No. 72 of 1971 thereby passing a preliminary decree declaring the shares of the parties.
(2.) The respondent No. 1 filed the aforesaid suit for partition in respect of the properties which are described in Schedule (Ka) and (Kha) of the plaint against the present appellants, respondent Nos. 2 to 4 and one Jiban Kole, since deceased, who was made defendant No. 8 therein.
(3.) The aforesaid suit was contested by the defendants by filing separate written statements. The said defendant No. 8 also filed a separate written statement thereby opposing the prayer of the respondent No. 1. In his written statement, the defendant No. 8 took specific plea that (Kha) schedule properties are not joint properties. The further defence of the said defendant No. 8 was that when the plaintiff had been enjoying and possessing 10 cattas of land of his share, be sold the same to him on Agharayan 11,1377 BS at a consideration of Rs 500/- on the basis of a Registered Kobala and since then, he had been enjoying the possession of the said land. Finally, the said defendant No. 8 prayed for dismissal of the said suit.;