BRUNDABAN PADHAN Vs. KRISHNA PADHAN

JUDGEMENT

(1.) THE defendants in Title Suit No. 77 of the 1971 of the Court of the Subordinate Judge, Aska, are the appellants in this appeal. The suit is one for partition of the suit properties described in the plaint schedule into two equal shares and fox allotment of one of such share to the plaintiff.

(2.) THE admitted genealogy showing the relationship amongst the parties is given below for the better appreciation of the cases of the respective parties:

(3.) THE learned Subordinate Judge on consideration of the evidence laid by the parties has come to the conclusion that there was no prior partition of the family properties between the parties as alleged by the defendants. He has further found that the property purchased in the year 1941 as well as the other half which was later on purchased belong to the joint family.The further finding of the trial Court is that the properties purchased under Exts. F and H being the purchases after Ext. 1, are not liable for partition. On the selfsame reasoning it has been held that the property purchased under Ext. G in the name of defendant No. 2 which was prior to the date of Ext. 1 belongs to the joint family. It may be noted that Ext. 1 is a partition list of properties dated 7. 6. 1968.