UDAYANATH MOHAPATRA Vs. KANCHAN MOHAPATRANI

JUDGEMENT

(1.) THIS appeal has been preferred by defendant No. 2 against the decision dated 30.4.1971 of the learned Subordinate Judge, Aska, passed in Title Suit No. 21 of 1967.

(2.) THE suit was filed by the respondent No. l plaintiff for partition of her half share in the joint family immovable properties described in Schedule A and the movable properties described in Schedule B of the plaint.

(3.) THE plaintiff's case was that Kshetrabasi Mohapatra, who died in the year. 1949, was the common ancestor of the parties. He had three sons, namely, Ramachandra, Umeshchandra and Rameshchandra. Umeshchandra had been adapted away to one Bain Padhi. Ramachandra died in the year 1964 leaving behind his widow imp leaded in the suit as defendant No. 1, two sons who are defendants Nos. 2 and 5, two daughters who are defendants Nos. 3 and 4. It was alleged that the second son of Ramachandra, namely, Kailash (defendant No. 5) was adopted by one Binayak Padhi, Defendant No. 6 is the wife of defendant No. 5. Rameshchandra the last son of Kshetrabasi, died sometime between 1951 and 1955 leaving behind the plaintiff as his sole heir. The plaintiff has, therefore, demanded for partition of the joint family properties claiming half share therein.