BIDESI BAGARTY Vs. JOGENDRA SAHU

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the judgment and decree dated 10.1.2000 and 20.1.2000 respectively passed by the District Judge, Balangir in Title Appeal No. 25 of 1996. While disposing of the said appeal, the appellate Court set aside the judgment and decree passed by the Civil Judge (Senior Division), Balangir in Title Suit No. 65 of 1992 and remitted the suit to the trial Court with the following direction :

(2.) The brief facts leading to this case are that the present appellant filed the aforesaid suit for declaration of his right, title and interest and confirmation of possession over the suit land. The specific case of the plaintiff is that the suit land along with other lands was the ancestral property of the plaintiff and defendants 3 to 6 and was recorded jointly in the names of their ancestors, i.e.. Satya and Baji in the previous settlement. While the plaintiff and defendants 3 and 4 (respondents 3 and 4) belong to the branch of Satya, defendants belong to the branch of Baji. Satya and Baji effected partition amongst themselves by metes and bounds long ago and possessed their respective shares of land separately, but the record of holding continued to remain joint.

(3.) The plea of defendants 5 and 6 before the trial Court was that prior to the settlement of 1936 Satya and Baji partitioned their properties and thereby they were possessing and enjoying their respective shares of land separately.