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.
