PAKINI ALIAS DALIMBA NAIK Vs. GAJENDRA PATEL

JUDGEMENT

(1.) The unsuccessful plaintiffs are in appeal against judgment and decree passed by learned Subordinate Judge (now Civil Judge, Senior Division), Sambalpur in T.S. No. 31 of 1978, a suit for partition.

(2.) It is not disputed that the suit land originally belonged to late Sriram Patel, the common ancestor of parties. Admitted genealogy of parties to the suit is as follows:

(3.) Plaintiffs filed the suit on the allegations that plaintiffs predecessors of plaintiffs and proforma defendant no.4, namely, late Sudarshan and Abhiram were idiotic, simpletons, illiterate and of incomplete development of mind. The predecessor of the defendants, namely, late Niranjan playing fraud, executed a document on 18.6.1924 (Ext.9), purported to be a deed of partition, allotting major share for himself and such partition was allegedly acknowledged in another document executed on 13.10.1929 (Ext.E) wherein further partition of some other properties was also stated to have been effected. Plaintiffs further alleged that, due to such fraud, partition, if any, is inequitable and disproportionate on the face of the document. It was pleaded that late Niranjan kept the fact of inequitable partition made in Ext.9 and Ext.E concealed and cleverly allowed Sudarshan and Abhiram to possesses larger parcels of lands, than what was mentioned in Ext.9. Plaintiffs could know about the fraud when defendant no.1, Gajendra produced Ext.9 and Ext.E before the authorities in order to get most of the lands recorded in the name of defendants during current Major Settlement operation. Defendant no.1 s attempt failed due to objection raised by plaintiffs. Defendants filed written statement denying plaint s allegation that plaintiffs predecessors, namely, late Sudarshan and late Abhiram were not the legitimate children of late Sriram Patel. It was averred that Ext.9 and Ext.E were duly executed effecting complete partition and the parties are in possession accordingly. Defendants also advanced the plea that suit is barred by limitation under Orissa Land Reforms Act.