ISHWAR SAMAL Vs. KESHAB SAMAL AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal against a reversing judgment in a suit for partition.

(2.) The following genealogy would show the relationship of the parties.

(3.) The case of the plaintiff is that Nidhi Samal was the owner of the schedule A, B and C properties. The same was inherited by his successors. The entire property, being Ac.0.92 dec., was partitioned amicably between the parties. Ac.0.46 dec. was allotted to his father as per schedule-A. The father of defendant no.1 got Ac.0.23 dec. as per schedule B and the father of defendant nos.2 and 3 got Ac.0.23 dec. as per schedule-C. The parties are in possession as per their convenience. There was no partition of the property by metes and bounds. When the defendants created disturbances in his peaceful possession and tried to drive him out, he filed the suit for partition.