SUDARSAN SAHOO Vs. BALARAM SAHOO

JUDGEMENT

(1.) JUDGMENT and decree dated 21.10.2008 and 04.11.2008 passed in C.S. No.131 of 2005 by the Civil Judge (Senior Division), Bhubaneswar have been challenged in this appeal by defendant nos.1 and 3.

(2.) PLAINTIFF -respondent no.1 filed the suit for partition of the suit properties and allotment of 1/4th share in his favour. The plaintiff 's case is that the plaintiff and defendant nos.1 to 3 are the sons and defendant nos.4 to 6 are the daughters of Banamali Sahu. In a previous partition in Title Suit No.76 of 2991 between Banamali Sahu and his co -sharers the suit properties fell to share of Banamali Sahu. After the death of Banamli Sahu, defendant nos.4 to 6 relinquished their interest in the property in favour of their brothers, i.e., plaintiff and defendant nos.1 to 3. Since defendant no.1 refused to partition the property when demanded by the plaintiff, the latter filed the suit claiming 1/4th share.

(3.) DEFENDANT no.1 filed written statement admitting the compromise decree of partition and the allotment of the suit properties in favour of Banamali Sahu, the father of the parties. It was, however, stated that the father of the parties, i.e., late Banamali Sahu during his life time had given the disputed property to the present defendant no.1 on consent of his children, which was later reduced to writing on 15.07.1994 and, therefore, the share of the other defendants in the suit property must be held to have been relinquished in favour of defendant no.1. The settlement of the property in favour of defendant no.1 was made with the agreement of the parties to the effect that defendant no.1 would bear all the expenses of the marriages of defendant nos.3 and 6 and that after completion of their marriage the property would be given to defendant no.1.