HARI SAHU Vs. DINABANDHU SAHU

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 30.8.1980 and 15.9.1980 respectively passed by the learned Subordinate Judge, Bhadrak in O.S. No. 123/1977 I. Respondent No. 1 Dinabandhu Sahu and respondent No. 2 Suka Dei filed the suit as plaintiffs in the Court below. Respondent No. 2 having died during the pendency of this appeal, has been substituted by her legal heir as respondent No. 2(a).

(2.) THE plaintiffs filed the suit for partition of the properties in Schedule 'Ka' of the plaint and for allotment of 50% share thereof to them. As the case of the plaintiffs stands, the scheduled properties measuring Ac.7.51 decimals comprise of agricultural land as well as homestead land, some of which are ancestral properties and some are acquired properties of the family from out of the joint family nucleus. According to them, all the properties are partible. For the sake of convenience, the genealogy relied upon by the plaintiffs is given below :

(3.) IN course of hearing, a misc. case was filed bearing Misc. Case No. 78 of 2000 with a prayer to adduce a sale deed dated 21.11.1914 and the R.O.R. in the name of Gouri Sahu as additional evidence. From the photocopy of the sale deed dated 21.11.1914 it appears that the properties under Khata No. 56, Plot No. 131 Ac.0.04 decimals, (Bari) and Plot No. 132 Ac.0.04 decimals (house) of Mouza Sorisdihi P. S. Dhamnagar, was purchased from one Tara Bewa. Drawing my attention to the aforesaid document, the counsel for the appellants submitted that the properties indicated in the sale deed are the self acquired properties of Gouri Sahu and that the said sale deed could not be produced before the trial Court as the same could only be traced out during the pendency of this appeal. Another misc. case was filed bearing Misc. Case No. 236 of 2000 for acceptance of the certified copy of the R.O.R. relating to Khata Nos. 73 and 190 of village Bramhapur under Dhamnagar P. S. as additional evidence. From the photocopy of the aforesaid document, it appears that the properties covered under Ext. 3, i.e., the sale deed dated 25.7.1956 executed by Dinabandhu Sahu in favour of Damodar Pani, belong to Kali Sahu and Bali Sahu, sons of Chintamani Sahu and the transferor, i.e., respondent No. 1, has transferred the same stating his father's name as Gajendra Sahu.