BABAJI SAHOO Vs. PURUSOTTAM SAHOO

JUDGEMENT

(1.) PURUSOTTAM Sahoo, one of the sons of Babaji Sahoo, (Defendant No. 1 in the suit and Appellant No. 1 in this appeal) instituted Title Suit No. 9 of 1976 in the Court of the then Subordinate Judge, Jajpur for partition of the suit properties as described in Schedules 'A', 'B' and 'C to the plaint for allotment of the asbestos roofed house and thatched house on Plot No. 2413 to his share and for directing the defendant to vacate the said aforesaid houses and other associated reliefs.

(2.) THE suit is for partition of the properties which Babaji got out of the ancestral properties and those claimed to have been purchased by Babaji out of the joint family fund. The plaintiffs case inter alia is :

(3.) ON the basis of the pleadings of the parties three main issues cropped up for determination. First, whether Poka died in 1940 as claimed by the plaintiff or in 1934 as claimed by the defendants. Second, whether the houses on Plot No. 2413 were constructed by the plaintiff alone out of his own fund or by the joint family out of the joint family fund. Third, whether the properties described in Schedules 'B' and 'C to the plaint are self acquired properties by Babaji. Trial Court has found that the houses were constructed by the joint family out of the family funds and thus do not belong exclusively to the plaintiff. The Trial Court has also found that the properties described in Schedules 'B' and 'C to the plaint were self acquired properties of Babaji and, as such, the plaintiff has no right to claim partition during the life time of Babaji. The Trial Court has also found that Poka died in 1940 and accordingly, Rambha had right, title and interest to make the deed of gift in favour of the plaintiff.