PANDAB PANIGRAHI Vs. MST LAXMI MISRANI

JUDGEMENT

(1.) Defendants have appealed against the decree given by the learned Subordinate Judge of Sambalpur declaring plaintiff's title to the 'B' Sch. property and recovery of possession through court thereof.

(2.) One Banamali was the common ancestor of the parties. He has three sons being Basudeb, Durga Prasad and Debi Prasad, Basudeb died sometime in 1928 while the other two died in 1952 and 1953 respectively. On. 5-7-1933' under a registered deed of partition to which Kali Prasad. Durga Prasad and Debi Prasad were parties, each party was given one-third share in Banamali's properties. In the same partition, the one third share allotted to Durga Prasad was subdivided between himself and (his) only son Bhabani (defendant No. 12) each getting one-sixth share. The onesixth share allotted to Durga Prasad is the 'Kha' schedule property of the partition deed and the property in Bhabani's share was shown in 'Ga' schedule thereof. After the partition, Durga Prasad acquired certain more properties. Defendant No. 12 looked after the properties of the plaintiff as she had become disabled on account of old age. Plaintiff came to learn that the said defendant No. 12 had allowed defendants 1 and 2 to be in possession of certain properties and those two defendants in their turn had allowed defendants 5 to 11 also to possess properties along with them. She maintained that defendant No. 12 was not entitled to any share in the properties left behind by Durga Prasad and plaintiff was the only legal heir.

(3.) Defendants 1, 2 and 6 to 11 filed a joint written statement and disputed plaintiff's claim to the property. Defendants 15 and 20 also filed separate written statements on the same line.