NARASINGHA CHARAN SWAIN Vs. JAIRAM JENA & ORS.

JUDGEMENT

(1.) Defendant No. 1 is the appellant against a preliminary decree for partition.

(2.) Case of plaintiff is that on the death of Parikhita without any heir, property was inherited by his uncle's sons (defendant Nos. 16 and 17), who had said the property to plaintiff. Since the property stands jointly recorded in the names of the heirs of Chintamani and Parikhita, the suit for partition has been filed.

(3.) Case of defendant No. 1 is that Parikhita died issue less leaving behind his sister who is clear to his named Hadiani and on the death of Parikhita, property came to the hands of Hadiani as a survivor. Therefore, defendant Nos. 2, 3 and 4 being grand-sons of Hadiani have valid title to transfer to defendant No.1 under Ext. A dated 13.10.1969.