JANMAJAY PANDA Vs. LOCHANI PANDA

JUDGEMENT

(1.) HEARD further argument, hearing is concluded and the Judgment is as follows.

(2.) PLAINTIFF in Title Suit No. 40 of 1977 of the Court of Sub -ordinate Judge, Jajpur is the Appellant. He filed the suit for partition of plaint schedule -A property and delivery of possession of his share to him. Defendants were described as the original owners or purchasers of the properties from the original owner. Plaintiff lays his claim as against some of the purchasers.

(3.) ACCORDING to the case of the Plaintiff, he claims right over a part of Schedule -A property on the basis of sale transactions either with the descendants of the aforesaid three persons or from their purchasers. Therefore, Plaintiff constituted it to be a suit for partition not under the common law of the parties but under Section 4 of the Partition Act. It may be noted here that the aforesaid is the inference of the Court because of deficiency in the pleading in that respect. Defendant No. 1 filed written statement inter alia with the claim of prior partition amongst the co -sharers. Defendant Nos. 5 and 6 each filed separate written statement contesting to the claim of the Plaintiff.