BASANTA KUMAR SAMAL Vs. GAYADHARA SAMAL AND OTHERS

JUDGEMENT

(1.) Defendant No. 1 in a suit for partition in the appellant against the final decree passed by the Subordinate Judge, Jajpur.

(2.) The short facts of the case are that respondent No. 1 as plaintiff filed Title Suit No. 57 of 1976 in the Court of Subordinate Judge, Jajpur claiming four annas share in the suit land. The preliminary decree was passed on 22-6-81 declaring four annas share of the plaintiff, four annas share of the defendants Nos. 1 to 5 and eight annas share for defendant No. 6.

(3.) In this appeal, the appellant assails the decision only to the extent of allotment of north western portion of Lot No. 1, in favour of the plaintiff being contrary to the actual physical possession and evidence on record.