the learned Judge held that the plaintiff had not proved exclusive possession as pleaded by him and further with reference to the 6th portion, the plaintiff has admitted that the same had been alloted to the share of the first defendant. Therefore, once again the plea of the plaintiff was incorrect. The conflict was only with reference to items 4 and 6. With reference to these two portions, the plaintiff has not been able to establish his possession or enjoyment of the same. Further with reference to the 5th portion, both parties have accepted that it belonged to their father. The plaintiff has set an independent right to the 6th portion. However, in his cross-examination, he had totally given up this plea and had admitted that the 6th item was in possession of the first defendant. The learned Judge had also up held Ex.B10, Will in and by which the first defendant has bequeathed his portion upon the third defendant i.e., the 6th portion. Therefore, the learned Judge decreed the suit for injunction helding enjoyment and possession in favour of the plaintiff.
