DASARATHI SAHU Vs. RABIN KUMAR SAHU & OTHERS

JUDGEMENT

(1.) The unsuccessful plaintiff has filed this appeal questioning the judgment and decree passed by learned Civil Judge (Senior Division), Keonjhar in Title Suit No. 41 of 2002. The appellant as the plaintiff had filed the suit for partition of the properties described in Schedule A of the plaint which has been dismissed.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) Case of the plaintiff:- That the parties are Hindus and governed by the Mitakshara School of Hindu Law. The genealogy given in the schedule B of the plaint is to the effect that Fakira and Bhikari were two brothers. Fakira died leaving behind his two sons namely, Chintamani and Benudhar. Chintamani died leaving behind three sons namely, Natabar, Dasarathi, the plaintiff and Giridhari, the defendant no. 6 and a daughter who has been arraigned as defendant no. 7. Benudhar pre-deceased Chintamani leaving behind his widow Usha and two daughters arraigned as defendant no. 8 & 9. Defendant no. 1 and 2 are the two sons of Natabar and defendant no. 3 to 5 are their three sisters. Bhikari being dead, the defendant no. 10 to 14 presently stand as his successors. Purchasers of different portions of the suit land have been joined in this suit as defendant no. 15 to 18.