BUDHURAM MAJHI Vs. JHANA MAJHI

JUDGEMENT

(1.) The Appellants, by filing this Appeal under Sec. - 100 of the Code of Civil Procedure (for short, 'the Code') have assailed the judgment and preliminary decree dtd. 4/1/1997 and 18/1/1997 respectively passed by the learned District Judge, Mayurbhanj, Baripada in Title Appeal No.21 of 1990.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.

(3.) The Plaintiff's case is that one Ratan Majhi was the common ancestor of the parties and he had two sons, namely, Bada Durga and Nimai. Said Nimai died unmarried. The Plaintiff, Defendant No.1 and one Salama are the three daughters of said Bada Durga. Salama is survived by Defendant No.2 and 2(A).