LABANAYABATI MAHAKUL @ BAG Vs. GOPINATH MAHAKUL AND OTHERS

JUDGEMENT

(1.) The appellant (defendant no. 1) in this appeal under Section 100 of the Code of Civil Procedure, has called in question the judgment and decree passed by the learned District Judge, Sundargarh in Title Appeal No. 8 of 1993 confirming the judgment and decree passed by the Subordinate Judge, Bonai in T.S. No. 5 of 1991.

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

(3.) Late Padamabati and Labanyabati, the appellantdefendant no. 1 are two sisters born to one Hadibandhu Mahakul. Hadibandhu Mahakul was in possession of the suit land. There has never been partition between the sisters after the death of Hadibandhu, though the members of each branch are in separate enjoyment of some of those properties each for convenience. So the plaintiffs being the successors of Padamabadi claimed half share over the property in suit.