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1979 Supreme(Ori) 48

P.K.MOHANTY
THURU KHADIA – Appellant
Versus
BUDHU KHADIA – Respondent


Advocates Appeared:
D.S.Nanda, R.C.MISRA

P. K. MOHANTI, J.

( 1 ) DEFENDANTS 2 to 14 have appealed against a decree of affirmance.

( 2 ) THE suit was for a declaration of plaintiffs' title to the property described in schedule II of the plaint or, in the alternative, for partition of the property described in Schedule I into two equal shares and allotment of one such share to the plaintiffs. Schedule I relates to 20. 25 acres of land comprised under khata No. 109 in village Jalangbira in the district of Sundargarh. Schedule II relates to 10. 21 acres out of the lands in Schedule I.

( 3 ) THE plaintiffs' case may be briefly stated as follows: koila Khadia was the common ancestor of the parties. He had two sons named Dhomro and Bhadra. The plaintiffs belong to the branch of Dhomro and the defendants to the branch of Bhadra. According to the plaintiffs, the property described in Schedule I was the ancestral joint family property of Dhomro and Bhadra. Due to dissension in the family they separated in mess and cultivated the lands separately according to their convenience though there was no partition by metes and bounds. Out of his own separate earnings, Dhomro took some anabadi lands from the then Ganju of village Bhamerch
























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