SUKADEV JENA Vs. KUNA ROUT

JUDGEMENT

(1.) THIS is a Plaintiff's appeal challenging the Judgment passed by the Learned Subordinate Judge, Anandpur in T.S. No. 62/78 -1 dismissing the prayer of the Appellant for partition of schedule 'B' properties of the plaint.

(2.) DEFENDANT Nos. 1, 2, 4, 5 and 6 filed separate written statements denying the averments made by the Plaintiff and pleading, inter alia, that thera was never any family partition, that the suit land was never allotted to Chakradhar for his exclusive possession and enjoyment, that Chakradhara was a drunkard and an irresponsible person and he was never the Karta of the family. They claimed that there was never any family necessity demanding sale of the suit land and execution of any sale deed by Chakradhar, if any, was without their knowledge and consent. They also denied that the Plaintiff ever possessed the suit land or acquired any right and title over the same. The contesting Defendants also challenged the maintainability of the suit on the ground that there is no cause of action and that the claim of the Plaintiff is barred by limitation. Defendant nos.3 and 7 did not file any written statement and were set ex parte.

(3.) MR . D. Bhuyan, Learned Counsel for the Appellant questions the legality and correctness of the impugned Judgment basically on the following grounds: