PARBATI DEI Vs. MARKANDA BEHERA AND ORS.

JUDGEMENT

(1.) THE Plaintiff is in appeal against a confirming judgment of the learned Subordinate Judge of Bhadrak in a suit for partition.

(2.) HE claimed that he purchased 24 decimals out of the properties belonging to the Defendants ' family under a registered sale deed dated 12.1.1935 (Ext. 4) from Sadhabani, the widow of Bidei. The relationship of the members of the family including the vendor of the Plaintiff would appear from the genealogy appended below:

(3.) THE trial Court found that the Plaintiff had acquired no title to the disputed property and was never in possession; the Emit was thus barred by limitation. It also found that Section 4 of the Partition Act would apply to the case, but the question did not arise as the Plaintiff bad no title by alienation.