BABAJI BEHERA AND ORS. Vs. LAXMIDHAR BEHERA

JUDGEMENT

(1.) THE appeal is against the judgment dated 29 -7 -1988 and decree dated 12 -8 -1988 of the Sub -Judge, Nayagarh, preliminarily decreeing the Plaintiff's 1/4th share in a suit for partition, but holding the lands alienated by the Defendant -appellant to be adjusted towards his share.

(2.) PLAINTIFF 's case is, Defendant No. 1 is the father and Karta of the joint Hindu Undivided family consisting himself, Defendant No. 1 his father and Defendants 2 and 3 his brothers. The suit schedule properties relate to village Nachipur, Khata No. 81 under different plots total measuring Ac. 3.14 decimals and of village Ikiri, Khata No. 228 measuring Ac. 0.63 decimals and Khata No. 94 measuring Ac. 1.16 decimals, all total Ac. 4.93. decimals in both villages. Further case of the Plaintiff is, these ancestral properties of the family were so recorded in the name of Defendant No. 1 in the current settlement. The income from the lands is utilized for maintenance of the family. Plaintiff claims that from the year 1984 somewhere other the Defendant No. 1 did not treat him well and rather preferred his other brother particularly Defendant No. 2 in whose wife's favor he executed sale -deed in respect of Ac. 0.26 decimals of land without consideration and legal necessity. The Plaintiff protested this and for this the Defendant No. 1 threatened to alienate the entire property and thus deprive the Plaintiff from his legitimate share. The Plaintiff demanded partition to which Defendant No. 1 turned a deaf ear, Hence the suit.

(3.) THE lower court framed the following issues: