PRAMODINI MISHRA Vs. KRUSHNA PRASAD MISHRA

JUDGEMENT

(1.) This letters patent appeal has been preferred by the substituted legal heirs of the plaintiff against the judgment dated 30.09.19.96 of the learned Single Judge in F.A. No.386 of 1983 wherein and whereunder the preliminary decree dated 13.05.1983 in a partition suit bearing No.T.S. 59 of 1980 passed by the learned Subordinate Judge, Jajpur was reversed resulting dismissal of the suit.

(2.) The facts in brief, shorn of detail and necessary for the disposal of this intra-court appeal lie on a narrow compass.

(3.) Upendra had owned joint family property of Ac.9.47, 1 Kadi 123 Biswas of land. During the period from 1929 to 1974 he had acquired 9 'A acres of land in his name exclusively. There was a mutual partition in the year 1972. By gift deed dated 30.07.1974 Upendra had transferred Ac.4.97.3 links of land in favour of the sons of Basudev and Dasarathi, who were defendant nos. 3 to 6 in the original suit. Two sons of Upendra, namely, Basudev and Dasarathi filed Title Suit No.38 of 1977 against their brother Panchanan and others for partition of the joint family property except lands measuring Ac.4.97.3 links covered under the gift deed dated 30.07.1974. The above gifted land was not broughtto the hotchpotch of the T.S,. No.38 of 1977 where Panchanan had registered contest.