Judgement

R. N. MISRA, J. :-Defendants 1 and 3 to 5 have carried this appeal against the judgement and decree of the learned Sub ordinate Judge of Nayagarh in a suit for partition. The relationship of the parties is available from the genealogy given below :

Defendant No. 2 has been adopted out of the family. Ka Schedule property with an extent of 4.36 acres admittedly constitutes the ancestral assets. Kha to Chha schedule properties were acquired jointly in the names of plaintiff and defendants 1, 3, 4 and 5 between 17-9-1955 and 10-12-1965 and the particulars of these acquisitions appear from a chronological statement below :-

Sl. No. Date Exhibit Particulars

1. 17-9-1955 4 45 decimals of land acquired for Rs. 100/- in the name of all the five from D.W.1

2. 27-3-1957 2 32 decimals of land (Schedule Kha ) purchased by all the five members for a consideration of Rs. 675/-

3. 5-1-1962 3 88 decimals of land (Gha Schedule) purchased by all the five members for a consideration of Rs. 2,000/- from D.W.1

4. 9-4-1965 B some homestead land ( Una Schedule) purchased for Rs. 400/- in the name of all the five.

5. 5-8-1965 A some homestead land purchased for Rs. 1,000/- in the names of all the five me