DAMODAR NAIK Vs. BIDYADHAR NAIK

JUDGEMENT

(1.) THE sole Defendant Damodar Naik has filed the present appeal against the reversion judgment of the lower appellate Court, allowing the Plaintiff's suit for partition. He having died during the pendency of the appeal, his heirs have been substituted.

(2.) PLAINTIFF 's case is: Jaikrishna the common ancestor had three sons, Bala, Ratna and Cheru, of whom Ratna died issueless. The disputed land measuring Ac. 10.9 decimals under Khata No. 21 of village Ratanpur stood recorded in the 1945 settlement in the names of Plaintiff and Defendants. This being the joint family property there was no partition by metes and bounds though they were living separately and possessing their respective lands by amicable arrangement. Plaintiff claims that though he demanded for a partition by metes and bounds Defendant did not pay any heed and hence the suit.

(3.) THE lower Court framed the following issues: