GUNJARI SAHU Vs. UDIA SAHU

JUDGEMENT

(1.) This is defendant's appeal against a confirming judgment.

(2.) Plaintiff-Respondent instituted the suit for partition. Case of the plaintiff was that plaintiff and defendant are the daughters of Dharani Sahu. Kirtan and Tirtha, sons of Dharani, pre-deceased him. After death of her father, she demanded partition of the properties, but then the defendant maintained a sphinx like silence.

(3.) The defendant filed a written statement stating that after marriage she was staying in her father's house. Her husband was staying with her as illatom son-in-law. The suit properties were partitioned between the plaintiff, defendant and her mother about 17 years ago. By virtue of the agreement, 1/4th share was allotted to the plaintiff, 1/8th share to the mother and rest half to her. The ROR was prepared in the last settlement. Thus the suit for partition is not maintainable.