Aparesh Kumar Singh, J. - (1.) Plaintiffs and proforma defendant nos. 5 and 6 in Title Suit No. 2 of 1997 are the appellants aggrieved by the judgment and decree dated 31st August, 1999 passed by learned Sub Judge-II, Seraikella, whereby the suit was dismissed on contest with cost.
(2.) The facts, as pleaded by the parties before learned trial court, are briefly stated as under: Plaintiffs along with proforma defendants claimed inheritance from the common ancestor, Mukund Mandal as per Genealogical table furnished in the plaint. Mukund Mandal took Raiyati settlement of suit lands from the landlord in the year 1888 through a registered Patta, as described in the plaint and schedule annexed thereto. Since there was no survey settlement in operation, Mukund Mandal came in possession of the land and reclaimed it gradually for cultivation. He constructed residential house and continued his possession. His two sons, namely, Akshya Mandal and Bolai Mandal inherited the suit lands jointly. Akshya Mandal died leaving behind his widow Kamini, two sons Khetromohan and Patal, who are proforma defendants. They succeeded to half interest of Akshya Mandal over the suit land. Bolai Mandal, the other son of Mukund Mandal died leaving behind the plaintiffs as the only son and heirs, who succeeded to the interest in their favour over the suit land. Madhu Mandal, grandfather of defendant nos. 1 to 4 was son of uncle of Mukund Mandal. Father of Mukund Mandal, Bhairab Mandal, was brother of Ridai and Madhu was the son of Ridai. Mukund Mandal while in his death bed, desired that his sons should allow Madhu who was homeless, to construct a small house on a small piece of land and to permit him to live therein until he found a place for construction of his home elsewhere. Thus, Madhu came to construct a house within the suit land area. After death of Madhu Mandal, his son Charan Mandal and father of defendant nos. 1 to 4 came in permissive possession of the house. After death of Charan Mandal, defendant nos. 1 to 4 are residing on permissive basis in their house.
(3.) Plaintiffs asserted lack of any right in favour of defendant nos. 1 to 4 over the suit land. The plaintiffs have asserted ½ share and proforma defendants have asserted ½ share over the suit land. The suit lands were recorded in the revisional survey and settlement in Khata no. 56 of Hundrupathardih. It is alleged that defendant nos. 1 to 4 started proclaiming in the month of Baishak last year that they have 1/3rd share of the suit land under Khata no. 56 noted in the Khatiyan in the name of their father. Plaintiffs obtained certified copy of Khatiyan of Khata no. 56 and found in column no. 2, name of father of defendant nos. 1 to 4 with 20 Annas entered against his name along with the names of plaintiffs and proforma defendants. They asserted that entry of 20 Annas or 1/3rd share in the name of Charan Mandal, is palpably wrong and erroneous.;