S. K. RAY, J.

( 1 ) THIS appeal is by the defendants from the confirming decision of Sri R. C. Jena, subordinate Judge, Nayagarh, dated 7-11-69, passed in Title Appeal Nos. 36/28 of 1968, decreeing the plaintiff's suit.

( 2 ) THERE were two brothers, Hats and Nata. Plaintiff 1 is the widow of Nata who died on 18-6-64. Plaintiff 2 is his daughter. Defendants 1, 2 and 3 are the sons of hata, and defendant 4 is the minor son of defendant 2, In a partition between these two brothers, the properties described in Schedules Ka and Kha of the plaint, the total extent of which is 2. 50 acres, fell to the share of Nata. There was a maintenance proceeding under Section 488, Cr. P. C. by plaintiff 1 against her husband, Nata, in which the claim for maintenance was allowed. To satisfy the order for maintenance, Nata transferred Kha Schedule properties to his wife, plaintiff 1, and put her in possession on 17-10-47, and since then plaintiff' 1 is in possession, and by virtue of the Hindu Succession Act, 1956, she has become the absolute owner of the same. Thereafter Nata executed a sale-deed in respect of ga Schedule properties in favour of defendants 1 to 3 on 20-11-52. On the same date he al