LATA BEWA Vs. BHUYAN JENA

JUDGEMENT

(1.) DEFENDANTS in a suit for partition have filed this appeal challenging the judgment of the Subordinate Judge, Deogarh, passing a preliminary decree for partition and giving half -share jointly to the plaintiffs.

(2.) LENTI , the recorded owner, had two sons/namely Bhuban and Khaga. The dispute in this appeal is confined to the branch of Bhuban. Bhuban had three sons, namely Diga, Daya and Jhara. All of them are dead. Diga's son and two daughters are the plaintiffs. Lata (defendant No. 1) was the widow of Daya. Jhara, the third son of Bhuban left behind his widow Ichha (defendant No. 2) and daughter Parbati (defendant No. 3). According to the plaintiffs, in a partition in the year 1930 -31, the disputed property representing the half interest of Bhuban, fell to the share of the three brothers, namely Diga, Daya and Jhara. Daya died in 1938 and it is alleged that sometime thereafter Lata re -married Jhara and as such was divested of her interest in the property. It is the further case of the plaintiffs that though the parties were living separately and amicably possessing lands 'according to convenience, there was no partition by metes and bounds. In 1956 some trouble started among the parties and subsequently the suit has been filed claiming half share in the property which had fallen to the share of the three brothers.

(3.) THE Trial Court decreed the suit and directed for grant of half share to the three plaintiffs jointly on a finding that after the death of Daya, Lata had remarried Jhara and as such she was divested of the interest and on a further finding that there was no previous partition by metes and bounds. The Trial Court further found that the defendants had failed to prove the plea of adverse possession. The aforesaid judgment is under challenge in this appeal.