KRUTTIVASA PADHY Vs. MALATI PADHANI

JUDGEMENT

(1.) THIS is an appeal by the contesting defendants (Defendants 1, 2, 4, 5, 6 and 9) against the judgment and decree of the Additional Subordinate Judge, Berhampur, passing a preliminary decree for partition, for estimation of mesne profits, and for other consequential reliefs in favour of the plaintiff. The following is the pedigree showing the relationship of the parties.

(2.) THE plaintiff's case was that the joint family properties of her husband Pitambar and his two brothers, Kruttibas and Appanna, were partitioned by metes and bounds by four arbitrators by an award dated 9 -7 -1929 (Ext. 6). At that time, her husband was a minor and his mother guardian Dommi Dei accepted the award on his behalf. By virtue of the said award, the properties described in Schedules A and B fell to Pitambar's share.

(3.) THOUGH 22 issues were framed, including a specific issue (issue No. 6) about the self -acquisitions of defendant 1, most of the issues were not pressed and the parties went to trial mainly in respect of the following two important issues: