G. K. MISRA, J.

( 1 ) BISI Bej died 25 years ago. He had three sons Rajan. Ratnakar (Plaintiff 1) and indramani. Rajan and Indramani died about 12 years ago respectively. Defendant 2 is the son of Rajan. Plaintiff 3 is the widow and plaintiff 2 is the son of indramani. On 19-5-58 defendant 2 transferred the disputed property to defendant 1 by a registered sale deed (Ex. C) for Rs. 995. Plaintiffs assail this alienation as not binding on them as the family was an undivided joint family. Defendant 1 contested the suit alleging that plaintiffs and defendant 2 were separate, there was a parti-lion by metes and bounds soon after the death of Bisi, the disputed land fell to the share of defendant 2's father who was in exclusive possession of the same and the sale was valid.

( 2 ) BOTH the courts below found that the defence story of partition by metes and bounds had not been established. Mr. Mohanty did not assail this concurrent finding. He, however, contended that there were enough materials on record to establish severance of joint status and that on such a finding the alienation would be valid. Mr. Sahu, on the other hand, contends that there being no plea in the written statement