SADASIBA NAYAK Vs. BABAN SAHOO

JUDGEMENT

(1.) Defendants Nos. 3 and 4 are appellants in this appeal.

(2.) Father of defendants had 8 decimals of land in revenue village Birapratappur. Out of these eight decimals, he sold 4 decimals to plaintiff on 14-3-1975 for a consideration of Rs. 2,000/-. But he continued in possession. After death of father of defendants, there was dispute with plaintiff in respect of his purchased land. Therefore, plaintiff filed O.S. 37 of 1977-I for title and possession. Suit was partly decreed on 30-10-1978 declaring half interest of plaintiff in the 8 decimals of land and defendants were directed to deliver possession of 4 decimals to plaintiff. Appeal by defendants was dismissed on 14-1-1982. Thereafter, in execution of the decree plaintiff took symbolical delivery of possession as his possession was joint with defendants. To get exclusive possession of his purchased land, plaintiff filed the suit on 14-11-1986 out of which this appeal arises for partition.

(3.) All the four defendants contested the suit. Defendants Nos. 1 and 2 filed a written statement and defendants Nos. 3 and 4 filed another written statement. Their case amongst others is that suit land being family dwelling house and they being share-holders have right to purchase the 4 decimals of land from plaintiff who is a stranger purchaser at a price to be fixed by the Court.