SAMANI MOHANTANI Vs. DURYODHAN MOHANTA

JUDGEMENT

(1.) The second appeal is against the confirming judgments of the Courts below dismissing the plaintiff's suit for partition where in she claims half share in the property situate in village Surubali.

(2.) Plaintiff's case is that her father Nutunu Mohanta had two wives, the elder one being Lata having predecesed Nutun and the second wife Nirasa, mother of the plaintiff. It is claimed that Nirasa died sometime during 1958 leaving behind the plaintiff as the sole heir. Lata had two daughters namely Domani and Nali. Defendant No. 1 is the daughter of Domani and defendants 3, 4 and 5 are sons of Nali. It is the plaintiff's case that she was jointly enjoying the property along with Domuni and Nali and after death of Nali the parties also lived jointly and possessed the land but sometime thereafter they deprived the plaintiff from enjoyment of the property without giving any share to her even though she demanded for the same. Therefore, she filed the suit for partition.

(3.) The defendants filed a written statement denying the material facts pleaded in the plaint. They pleaded that Nutunu Mohanta, their grand-father had lands in Surbali, Sarabhadi which were partitioned during Nutun Mohant's time between his two wives each one separately possessing the lands. In that partition the suit land in village Surubadi fell to the share of Lata, the grand-mother of the present defendants and the other lands at Surubadi and Ghodaghaguri fell to the share of Nirasa. Nirasa possessed the land of Surabadi and Ghodaghaguri along with her son Rengutu and after death of Nirasa Renugut hold his lands in that village along with the plaintiff. Thus they pleaded previous partition and claimed dismissal of suit on that score.