SANATAN BEHERA Vs. PARAMANANDA BEHERA

JUDGEMENT

(1.) THE present Second Appeal at the instance of the plaintiff -appellant, Sanatan Behera, is against the judgment and decree dated 16th August, 1989 passed by the learned Additional District Judge, Bhadrak affirming the judgment and decree dated 29 -3 -1985 passed by the learned Subordinate Judge, Bhadrak in O. S. No. 68 of 1978.

(2.) THE plaintiff instituted O. S. No. 68 of 1978 seeking the relief for partition in the Court of the Subordinate Judge at Bhadrak. It is alleged that the plaintiff and the defendant Nos. 1 to 5 constituted a joint family. According to the plaint case, there are two branches namely, Govinda Behera and Pahali Behera having equal interest in the property. Govinda died leaving behind three sons, Karuni, Basu and Kasi. Kasi is alleged to have deserted the village leaving behind no heir. Defendant No. 1 Paramananda is the son of Basu and defendants 2 to 5 are the heirs of Karuni, Pahali of the other branch left behind two sons, namely, Bhavan and Mani. Plaintiff is the son of Bhavan. Mani, the other son of Pahali had a son named Chema who had married Sana. Chema is alleged to have died issueless. The plaintiff claims to have succeeded to the share of Pahali's branch and claims half interest in the suit property. Saria who was married to Chema left the village and got married to one Jagu and gave birth to two sons, namely, defendants 6 and 7. According to the plaintiff Jagu was staying in the house and had no interest in the property. Defendants 6 and 7 are alleged to have been affecting the rights of the plaintiff and they were trying to deal with the property independently and accordingly, the plaintiff was compelled to file the suit for partition.

(3.) DEFENDANTS 2 to 5 claim 1/4th interest in the suit property and prayed for allotment in case of partition.