A. K. PADHI, J.

( 1 ) BOTH the appeals arise out of a common judgment. T. S. No. 122 of 1973 was filed by Sova Dibya for partition of Schedule 'a' properties, claiming 6 annas share and Title Suit No. 206 of 1973 was filed by her praying for permanent injunction. As in both the suits and facts alleged were same, they were heard analogously and a common judgment was passed in both the suits. In First Appeal No. 34 of 1980, the judgment and decree of T. S. No. 206 of 1973 is challenged, while First Appeal No. 162 of 1978 arises out of T. S. No. 122 of 1973. Defendants 1 and 2 are same in both the appeals.

( 2 ) THE genealogy between the parties as described in the plaint is as follows :- the brief facts as stated by the plaintiff are, the properties described in Schedule 'a' of the plaint stood jointly recorded in the name of Banchhanidhi, Balunki, Iswar and Paramananda. In some items separate notes of possession of the parties were also noted. Each of the members was in amicable possession of different plots but there was no partition by metes and bounds. Paramananda did not have any issue, due to affection had gifted his share equally to Banchhanidhi and Balunki on 21-1-1929. Each