SUNDARLAL JOSHI Vs. DEVANANDA JOSHI AND ORS.

JUDGEMENT

(1.) The appellant in this appeal has called in question the judgment and decree passed by the learned District Judge, Kalahandi in T.A. No. 49 of 1982 reversing the judgment and decree passed by the learned Sub -ordinate Judge, Bhawanipatna in decreeing the suit filed by the present appellant as the plaintiff.

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

(3.) The plaintiff's case is that in the year 1967 his father Debi Prasad passed away. During the life time of Debi Prasad, there was no partition of ancestral properties with his brothers although each brother was in possession of separate portions of lands for convenience. Therefore, the Settlement Authorities had recorded separate possession of each of the branches in respect of separate portion of lands. It is stated that Debi Prasad died during the minority of the plaintiff and as such, the defendant No. 4, the elder brother of the plaintiff remained under the direct influence of his uncle Gouri Sankar, the father of defendant No. 1, 2. It is stated that Gouri Sankar was helping him in supervising the cultivation of the suit lands and in managing the affairs.