BIBUNI BEWA Vs. PADMANAV SWAIN

JUDGEMENT

(1.) DEFENDANT 1 Bibuni Bewa widow of one Bhramar Sahu files this appeal against the reversing judgment of the District Judge of Cuttack -Dhenkanal remanding the plaintiff's suit for ordering: a sale according to Sub -section (2) of Section 3, Partition Act and for disposing it of according to law.

(2.) ONE Gangai Swain had two sons, Hari land Damai. The plaintiff, Padan, is one of the sons of Damal and his other son Bhagaban had three sons who are defendants 6 to 8. Hari had three sons, Sananda, Jogi and Binanda. Defendant 5 is the daughter of Sananda. Maheswar, defendant 2, is the son of Jogi. Defendant 1 is the widowed daughter of Binanda and defendants 3 and 4 are his sons.

(3.) THE contention of the defendants 1 to 4 was that there was a partition of the homestead also when there was separation and division in the family and that each co -sharer was holding the allotment given to him in that partition, and consequently, the suit tor partition was not maintainable.