KRUSHNA CHANDRA BARIK Vs. CHANDIA BARIK & ANOTHER

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned Additional District Judge, Sonepur in Title Appeal No.27 of 2004 confirming the judgment and decree passed by the learned Civil Judge (Jr. Division), Sonepur in Title Suit No.2 of 1998.

(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.) Plaintiff's case is that the suit land stood recorded in his name as also in the name of his brother, the original defendant, who having died during the suit, his legal representatives including the present appellant have been substituted and contested the suit as also filed the appeal and now one of them is pursuing the present appeal. It is the further case of the plaintiff that the lands are the joint family property and as his brother created problem every time, he had to ask for partition. The same having not been paid any heed to, the suit for partition has been filed.