BIJAYA KUMAR BADU Vs. BHRAMARABARA BADU

JUDGEMENT

(1.) THE unsuccessful defendant No. 2 as the appellant has challenged the judgment and decree passed by the learned Civil Judge (Sr. Division), Patnagarh in Title Suit No. 28 of 1990 filed by the respondent No. 1, who died during pendency of this appeal. By the said judgment and decree, the suit filed by the original respondent No. 1 has been decreed declaring his right, title and interest over the suit schedule "A" house with the finding that the suit schedule house and schedule "B" lands as described in the written statement are the self acquired properties of the plaintiff whereas the lands under schedule "A" of the written statement are the only joint family properties of the parties.

(2.) FOR the sake of convenience, clarity and to avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the court below.

(3.) FACTS necessary for disposal of this appeal are as under. Plaintiff is the father of the defendant Nos. 2 to 6 who are his sons and the defendant No. 1 is his wife.