BHAGIRATHI MOHAPATRA Vs. GAJENDRA KUMAR MOHAPATRA

JUDGEMENT

(1.) IN this appeal. Defendants 1 to 3 as Appellants have challenged the Judgment & decree dated 17.8.1990 & 5.9.1990 respectively passed by the Learned Subordinate Judge, Anandapur in T.S No. 22 of 1986. Respondent No. 1 as Plaintiff had filed the suit for partition.

(2.) THE brief facts of the case, as narrated in the plaint, are as follows:

(3.) DEFENDANT Nos. 1 & 2 contested the suit by filing their written statement on the plea that the allegations made in the plaint are false. As there was a previous partition by metes & bounds, no cause of action arose for the Plaintiff to file the suit. They challenged the genealogy filed by the Plaintiff on the ground that Ka Schedule property being Debottar property of the deity was not subjected to partition. On 12.12.1943 Paramananda resigned from his Suar Sebayatship of the deity & left the suit schedule house. Since then Defendant No. 1 & others are living in Ka Schedule property by remodeling & reconstructing the house. Bhagirathi had been performing the Seba Puja of the deity & enjoying the schedule Ka property since then to the exclusion of Paramananda, Chaitan & the Plaintiff. Therefore, in the Hal Settlement, Patta was granted solely in the name of Defendant No. 1. Hence, Plaintiff is not entitled to possession of any portion of the suit land. O.E.A., Collector dismissed the claim of the Plaintiff to record a portion of Ka Schedule land in his name. Defendant No. 1 had further stated that his residential house is standing over plot No. 4144 in Schedule Ka & some other persons are in possession of the other plots i.e. 4143 & 4145. Kha Schedule land was obtained exclusively by Gouranga while he was living separately from Paramananda by way of Nayabadi Patta. Gouranga died in the year 1924. Therefore, Paramananda had no right, title & interest over Kha Schedule land. Paramananda while living separately got some self -acquired property in his own name.