Judgement

DAS, J.:- First Appeal No. 145 of 1971 has been filed by defendant No. 3. First Appeal No. 9 of 1972 has been filed by defendant No. 1 (c) and her natural son defendant No. 5 and First Appeal No. 15 of 1972 has been filed by defendants Nos. 1 (a), 2 and 6. The relationship of the parties is to be found from the genealogy given below :-

Nirakar Padhi, a man of a substantial property, left behind two sons - Yudhisthir (original defendant No. 1) and Srinibas. Yudhisthir died during the Pendency of the suit leaving behind two sons and a daughter being Ramanath (defendant No. 2), Radhakrishna (defendant No. 3) and Mahalakshmi (defendant No. 1 (c)). Ramanath s wife Kanchan is defendant No. 6. Mahalakshmi is married to Jagannath and their son Kishore Padhi is defendant No. 5. Srinibas died leaving behind Khalli who met with a premature death in 1942 leaving behind a young widow Urmila. Urmila filed the suit on 25-1-1969 impleading defendants 1 to 3 and asked for the following reliefs:-

(i) Confirmation of partition of Schedule-A properties as evidenced by the deed of partition dated 22-6-1968 (Ext. 1) between defendant No. 1 and herself;

(ii) Alternatively, for partition of Schedule