NILAKANTHA NAIK AND ORS. Vs. ANANTA NAIK AND ORS.
HIGH COURT OF ORISSA
Nilakantha Naik and Ors.
Ananta Naik and Ors.
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B.K. Ray, J. -
(1.) DEFENDANTS 2 to 5 are the Appellants in a suit for partition. The genealogy given below which is admitted by the parties shows the relationship between them.
(2.) THE case of the Plaintiffs as made out in the plaint may be briefly stated as follows:
The properties described in schedule Kha of the plaint were the ancestral properties of the family of the parties recorded in the name of Nari Naik. Some time after Nari 's death in jointness with his three sons the latter namely Defendants 1 and 8 and Kanhei separately possessed the Kha schedule property by mutual arrangement without effecting a partition by metes and bounds. Defendant No. 1 thereafter acquired the properties described in Schedule Ga and Gha of the plaint out of the joint family fund of himself and of Defendants 2 to 7. Defendant No. 2 thereafter out of the joint family fund of the Plaintiffs and of Defendants 1 to 7 acquired the properties described in Schedule Kha 1 of the plaint in his own name; the properties described in Schedule Kha 2 of the plaint in the name of his son Defendant No. 3; properties described in Schedule Ga 1 of the plaint in the name of his father Defendant No. 1 and properties described in Schedules Gha 1 and Gha 2 of the plaint in the name of Plaintiff No. 2. According to the Plaintiffs they are entitled to 1/18th share each in the properties described in Schedule Kha of the plaint and 1 6th share each in the properties described in Schedules Kha/1. Kha/2. Ga. Ga/1. Gha. Gha/1 and Gha/2 of the plaint. The further case in the plaint is that the lands which were in separate possession of Defendant No. 1 by mutual arrangement appertaining to Schedule Kha of the plaint were the subject matter of dispute between the Plaintiffs on one hand and Defendants 2 to 5 on the other in a proceeding under Section 145, Code of Criminal Procedure. These lands were in the custody of a Zamindar who was cultivating the same under orders of the Court. During the proceeding under Section 145 Code of Criminal Procedure the Zamindar deposited 50 maunds of paddy in Court. After termination of the proceeding in favour of Defendants 2 to 5, they have taken delivery of the said paddy. The Plaintiffs therefore, claim 1/6th share each in this paddy also which has been included in schedule can of the plaint.
Defendants 6 and 7 in joint written statement have supported the case of the Plaintiffs.
(3.) DEFENDANTS 1, 8 and 9 in a joint written statement claim that the properties described in Schedules Ga and Gha of the plaint are the self -acquired properties of Defendant No. 1. In respect of other properties, they support the Plaintiffs ' case.;
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