GANESH SWAIN Vs. NAKADI SWAIN

JUDGEMENT

(1.) This appeal by defendants 1, 2 and 3 is directed against a preliminary decree for partition.

(2.) The case for the plaintiffs may be briefly stated as follows; Binabandhu Swain had two sens, viz. Sankar and Bhramar and tour daughters, viz, Hema (defendant No. 2), Dhobani (defendant No. 3), Pata and Sori. He died in 1960. Sankar and Bhramar pre-deeeased him. The plaintiffs are the sens of Sankar. Defendant No. 1 Genesh is the son of Bhramar. Pata and Son are dead, Jogi (defendant No. 4) is the son of Pata. Righna (defendant No. 5) is the son of Sort. The immovable and movable properties described in Schedules 'B' and 'C' respectively of the plaint were the ancestral properties of Dinabandhu. The plaintiffs claiming 7/18th share out of these properties. Their contention was that the suit properties have not been partitioned by metes and bounds though the parties have been Possessing separate portions for the sake of convenience. They demanded partition of the properties, but defendant No. 1 did not agree.

(3.) Defendants l to 3 filed written statement contending, inter alia, that the plaintiffs' father Sankar was not the son of Dinabandhu but he was the sisters's son of Dinabandhu and was allowed to live in his house along with his wife. His first wife having died, he married to one Sundari who is the mother of the plaintiffs. The plaintiffs had no connection with the family of Dinabandhu. Accordingly, it was contended that the plaintiffs have no locus standi to sue for partition of the suit properties. It was also contended that Dinabandhu had only two daughters, viz. Hema and Dhobani. Pata and Sori were not his daughters and hence defendants 4 and 5 are not entitled to any share out of the suit properties,