PURUSOTTAM BEHERASMT Vs. RANGABATI BARIK

JUDGEMENT

(1.) DEFENDANT No. 6 is the Appellant. Late Mahendra Barik had purchased Ac.0.20 decimals of land as described in 'Kha' Schedule. Aforesaid Mahendra Barik expired leaving behind his widow (defendant No. 2) one son (defendant No. 1) and four daughters (defendants 3 to 5 and the Plaintiff herself). Mahendra Barik before his death has sold Ac.0.10 decimals of land to the Plaintiff, as described in Schedule and continued to remain in possession in respect of balance Ac.0.10 decimals of land as described in 'Gha' Schedule. It is alleged by the Plaintiff that after death of Mahendra Barik, his legal representatives namely the Plaintiff and Defendants 1 to 5 succeeded to the 'Gha' Schedule property. but no partition in respect of the said 'Gha' Schedule property had been effected. It is further alleged that Defendant No. 1 illegally sold Ac.0.03 decimals of land as described in 'Una' Schedule to Defendant No. 6. although the Plaintiff was willing to purchase the said property and had issued notice to the concerned Sub -Registrar accordingly. On the above allegations. the Plaintiff filed the suit for demarcation of her purchased property as described in 'Ga' Schedule and for partition in respect of the property described in 'Gha' Schedule. It was sprayed that she may be permitted to purchase the 'Una' Schedule property in accordance with section 4 of the Partition Act and Section 22 of the Hindu Succession Act.

(2.) DEFENDANTS 1 to 5 filed a written statement denying some of the plaint allegations. However, subsequently, they did not contest the suit and remained ex parte at the time of hearing of the suit.

(3.) THE trial court found that out of the Ac. 0.32 decimals of land in question, Defendant No. 6 had purchased Ac. 0.12 decimals of land from the eastern side on 21 -11 -1947 under registered sale deed (Ext. D) and Mahendra Barik, the predecessor in -interest of the Plaintiff and other defendants had purchased Ac. 0.20 decimals from the said plot from the western side by registered sale deed dated 10 -7 -1950. It was further found on the basis of the admitted case of the parties that the Plaintiff had purchased Ac. 0.10 decimals by registered sale deed dated 14 -12 -1971 (Ext. 1) from the western -most side of the plot. It was found that the property was the self -acquired property of Mahendra Barik and Plaintiff and Defendants 1 to 5 succeeded to the property left by Mahendra as Class -I heirs under the Hindu Succession Act. The trial court allowed the Plaintiff's prayer for re -purchase of Ac. 0.03 decimals of land. It was further found that during his life -time Mahendra Barik had already sold Ac. 0.01 decimal of land from the disputed land to Defendant No. 6 as per Ext. A and, therefore, balance Ac. 0.09 decimals of land was available to be partitioned among the Plaintiff and defendents 1 to 5 by giving fetch. share to eadi of them.