INDRAMANI NAYAK Vs. AINTHU NAYAK

JUDGEMENT

(1.) DEFENDANTS in a suit for partition are the appellants. Original defendant No. 1 having died during pendency of appeal, his legal representatives have been impleaded as appellants 1(a) to 1(e). The dispute in this appeal relates to only schedule 'Ga' property. Plaintiffs -respondents staked claim over the said property. Defendant No. 1 claimed that it was his self acquired property, while plaintiffs claimed it was acquired out of the joint family funds. Learned Subordinate Judge, Anandapur (hereinafter referred to as 'trial Judge)' accepted the stand of the plaintiffs, and that is how the matter is in this Court.

(2.) STAND of original defendant Mo. 1, Indramani Nayak, was that a part of the Property was his sole and exclusive property, and it was acquired in a revenue sale, out of his own funds accumulated while working for gain at Calcutta. The rest was purchased from one Bhakta Charan Rout for a sum of Rs. 50/ -, out of Stridhan of his wife (DW 5). Amongst other issues, the relevant issue in respect of this dispute is issue No. 3 which reads as follows :

(3.) AFTER stating the findings of the trial Court and discussing the evidence, it is found :