A. S. NAIDU, J.

( 1 ) THE facts which have given rise to this appeal are briefly these : the unsuccessful defendant in a suit for partition is the appellant. The sole plaintiff and the sale defendant represent two branches of the same family. Admittedly they are governed by Hindu Law. They are two brothers, being sons of one late Gandharba bardhan. A partition was effected by metes and bounds among the several co-sharers in Title Suit No. 5 of 1962 of the Court of the then First Addl. Subordinate Judge, cuttack. The plaintiff and the defendant being the descendants of a common ancestor were treated to be one unit and they were together allotted Ac. O. 118 decimals out of khata No. 845 and Ac. 0. 180 decimals out of Khata No. 846 in the final decree proceeding arising out of the said suit, the final decree being scaled and signed on 14th of august, 1963. Subsequently the plaintiff and defendant effected another partition between themselves inter se in the year 1965 by means of a registered partition deed, Ext. 1 dividing the properties allotted to their share jointly in the aforesaid final decree. By the said partition, the properties described in Schedule B of the plaint was allott