NARAHARI PARIDA Vs. SITAMANI DASI AND ANR.

JUDGEMENT

(1.) DEFENDANT No. 1 is the Appellant. The following genealogy will show the relationship of the parties.

(2.) DEFENDANT No. 2 did not contest the suit. Defendant No. 1 contested alleging that there was severance of joint status between Bai and Jhampad; that on the death of Upendra, Defendant No. 2 was entitled to his interest as heir and that the sale in his favour was for consideration and valid. Barendra died before Upendra.

(3.) BEFORE the lower Appellate court the findings that Upendra predeceased Barendra and that the sale was for consideration were not assailed. He held that there was no severance of joint status in the family, that on the death of Upendra, Barendra was the owner of the entire joint family property by survivorship and on his civil death Plaintiff is entitled to the entire joint family property as the heir of Barendra. He also found that the Plaintiff is all through in possession and accordingly decreed the suit.