B. K. PATRA, J.

( 1 ) THIS is an appeal by the defendant against a confirming judgment of the additional Subordinate Judge, Bolangir. One Ganda Mallik since deceased was the admitted owner of the suit land and he died leaving behind him his wife Badani (defendant No. 2) and two sons Satya and Linga. The plaintiff Ajodhya Mallikani claims to be the married second wife of Satya. Her case is that after the death of ganda, his widow and his two sons continued to remain in joint mess and in such state of jointness Satya died. She. therefore, filed a suit for partition of the disputed lands measuring 7. 999 acres into three equal shares and for allotment of one such share to her. The defendants pleaded inter alia that the plaintiff is not the wife of Satya; that Ganda Mallik and his sons had partitioned the joint family properties and were in possession of their respective shares therein; that tilottama the first wife of late Satya Mallik instituted Title Suit No. 18 of 1954 claiming maintenance against them and obtained a decree in execution of which the entire share of Satya in the disputed properties was sold in public auction; that in the said auction one Parama Barik purchased Saty