LAXMIDHAR PATNAIK Vs. RANGABATI BEWA

JUDGEMENT

(1.) DECEASED Ramchandra Patnalk had three sons, Dharanidhar, Shreedhar and laxmidhar (defendant-1 ). Dharani died in 1959 leaving behind a son Radhamohan (defendant 5) and a daughter Padmabati (defendant-6 ). Shreedhar died in 1955 leaving behind his widow Rangabati (plaintiff ). Ratnamani (defendant-4) is the wife and Gurucharan (defendant-2) and Datta (defendant-3) are the sons of defendant-1. Plaintiff's suit is for self and as marfatdar of the family deity Shree paramchandanath Mahadeb. Defendants were sued for themselves and as marfatdars of the same deity. The suit is for partition and for allotment of one-third share in Schedule B and C properties of the plaint. Schedule B properties are immovable properties recorded in the name of the deity. Plaintiff's assertion was that these properties were nominal private debuttor and were partible. The moveable properties mentioned in Schedule C were claimed as joint family properties. Defendants 1 to 4 contested the suit. Their case is that Schedule B properties are absolute debuttor and not partible and that the suit is liable to be dismissed as the deity is not a party. Schedule C properties were claimed as exclusively belonging to defendant-1. Defendant-2 was said to be the adopted son of Shreedhar. Schedule C properties were described in four lots. Lot. No. 1 consisted of cows and calves, Lot No. 2 utensils, Lot No. 3 furniture and Lot No. 4 bank deposits.

(2.) THE learned trial court recorded the following findings:

(3.) PLAINTIFF did not file any appeal against the finding that the bank deposits in the name of defendant-1 belonged to him. The finding is final was not rightly assailed by Mr. Mohapatra. The finding on adoption is not challenged by Mr. Mohanty. The trial court's finding that defendant-2 is not the adopted son of Shreedhar is accordingly confirmed. The finding that Schedule B properties are absolute debuttor is not assailed by Mr. Mohapatra and is accordingly confirmed.