JUDGMENT :- This first appeal is directed against the judgment and decree i dated 11-5-2001 and 3-7-2001 respectively passed by the learned Civil Judge (Senior Division), Baripada in Title Suit No. 189 of 1994.

2. The facts of the case are as follows :

Respondent No. 1 as plaintiff filed the suit for partition of the properties as per Schedules-B to E of the plaint and for a decree for future rent in respect of the building situated over the suit land as described in Schedules-B and E of the plaint. The case of the plaintiff was that plaintiff and defendant No. 1 are brothers, defendant Nos. 4 and 5 are their sisters, defendant Nos. 2 and 3 are the sons of defendant No. 1. Krushria, the father of the plaintiff and defendant Nos. 1, 4 and 5 died in the year 1991 while living jointly with his sons. There has been no partition of the suit properties by metes and bounds. The plaintiff retired from his service as Senior Deputy Superintendent of Police in the year 1990. The wife of the plaintiff got some landed properties at Kaptipada from her father and the plaintiff constructed a house over the said land from out of his income. Defendant No. 1 was getting Rs. 1,000/- towards rent from t