HADU SAMAL Vs. SAMBARI BEWA AND ORS.

JUDGEMENT

(1.) THIS is a Plaintiff's second appeal against the reversing judgment of the Subordinate Judge, Bhubaneswar. The Plaintiff filed a suit for partition claiming his eight -anna share in the properties enumerated in schedule Ka to his plaint, alleging that the said properties are the joint ancestral properties of himself and the Defendants who belong to one family.

(2.) THE relationship of the Plaintiff and the Defendants will be apparent from the genealogy given herein below:

(3.) THE admitted facts in the case are that Uchhab and Bhagabat died before the Current Settlement record of rights were prepared in the year 1932, when the Plaintiff was about three years' old, and Defendant -2 was about 25 to 26 years of age. Out of the total suit -lands of 3.46 decimals, 1.33 acres in Mouza Deuli under Khata Nos. 67, 96 and 79 and the rest 2.13 acres are situate in Mouza. Adabandha comprising in two plots, 185 and 186 appertaining to Khata No. 103. Khata No. 67 comprising plot No. 279 with an area of three decimals is the homestead of the parties, recorded jointly in the names of the Plaintiff and some of the Defendants, the second branch of the family. Khata No. 96 comprises six plots and has been recorded solely in the name of the Defendants representing the second branch. It is significant to note that in respect of each such plot in the Khata, the Plaintiff is shown to own land on its adjoining boundary, though in some cases on one side and in others on two sides of the plots. These facts have been proved from the record of rights filed in the case which are Exts. A, B, E and F. So far as Khata No. 79 is concerned, it was recorded in the name of the Plaintiff alone comprising a total area of 0.69 decimals. Out of this plot, an area of 0.22 decimals was carved out as a separate plot bearing No. 14 and was amalgamated with Khata. No. 96, thereby augmenting the area of plot No. 96 from 1.08 to 1.30 acres and the entire Khata was mutated in the name of Defendants on 14 -11 -1934.