SIMAKURTY SATYANARAYANA Vs. G PANALAL SAHUKAR

JUDGEMENT

(1.) This appeal by defendant No. 2 in a suit for partition assails the decree of the learned Subordinate Judge at Jeypore granting the plaintiff a decree both for partition as also mesne profits.

(2.) The disputed property is a rice mill which once belonged to the members of the family consisting of defendants 1 to 14. Defendant No. 15, a stranger happens to be the purchaser of 1/5th share from the disputed property and the plaintiff subsequently purchased the remaining 4/5th share therein in satisfaction of his decree put into execution. Upon the executing court refusing to put the plaintiff in possession on the ground that he was a part purchaser and his remedy lay in asking for partition, the plaintiff sued for partition of his 4/5th share and asked to be put in possession. He also laid claim for mesne profits from the date of his purchase on 28th of January, 1967.

(3.) The second defendant alone entered contest and inter alia raised two pointed contentions namely,