SRUSTIDHAR ASH Vs. CHINMAYEE ASH

JUDGEMENT

(1.) The appeal has come on the list as "to be mentioned". Heard further argument. The First Appeal is disposed of in the following manner.

(2.) Plaintiff-appellant challenges to the judgment and decree passed by Learned Additional Sub-Judge, Balasore in O.S. No. 3/92 of 1979/72-1.

(3.) Plaintiff instituted that suit for partition of the suit property. According to him, he and defendant Nos. 2, 3, & 4 and the father of the defendant No. 6 are the five sons of late Subal Chandra Ash. Defendant Nos. 7 to 10 are the four daughters of late Subal Chandra Ash. Defendant No. 1 is the widow of late Subal Chandra Ash and mother of the plaintiff and the defendants except defendant Nos. 5 & 6. Defendant No. 5 is the widow and defendant No. 6 is the son of late Aswini Ash, a deceased son of Subal. Plaintiff's case is that he was a minor by the date of execution of registered partition deed dated 24.12.1958 (Ext. A). He executed that document during such minor hood on good faith and having trust and faith on defendant Nos. 1 to 4. After his marriage when he was compelled to leave the house in the year 1972 he took shelter in his father-in-law's house since 2.7.1972 and thereafter instituted the suit for partition.