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1983 Supreme(Ori) 27

B.N.MISRA
Brundaban Misra – Appellant
Versus
Iswar Swain – Respondent


Advocates Appeared:
S. P. Misra, for Appellant; B. Pal, for Respondents.

Judgement

JUDGMENT :- The plaintiff has filed this appeal against the reversing judgment of the learned Additional Subordinate Judge, Puri. Respondents 1 to 9 and pro forma respondent No.10 were defendants 1 to 10 respectively in the trial court. The lands described in schedule Kha appended to the plaint are in dispute. The following genealogy describes the relationship between the plaintiff and defendant No. 10.

2. According to the plaintiff, the lands described in Schedules Ka and Ga appended to the plaint belonged to the late Krutibas who died leaving behind him three sons, Balabhadra, Hadibandhu and Narasingha. Hadibandhu died issueless around 1926 while he was in a state of jointness with his brothers Balabhadra and Narasingha. After the death of Handibandhu, Balabhadra and Narasingha amicably partitioned their properties. Balabhadra received the Ga schedule properties and Narasingha received the Ka schedule properties. Ever since the amicable partition Balabhadra and Narasingha separately possessed their respective shares and lived in separate mess and estate. Balabhadra died around 1938 leaving behind his widow Keli Dibya who possessed the Ga schedule property as a limited ow















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