J. K. MOHANTY, J.

( 1 ) DEFENDANTS 1 to 4 in a suit for partition have preferred this appeal. The case of the plaintiff is as follows ; plaintiff and defendants 1 and 2 are the sons, defendant No. 3 is the daughter and defendant No. 4 is the widow of late Purnananda Misra. The properties described in Schedules A and B (Moveable and immoveable properties respectively) belong to Purnananda Misra. Defendant No. 3 is married and living in her husband's house. Plaintiff and defendants 1, 2 and 4 are living in joint mess and property and there has been no separation between them either before or after the death of Purnananda. Plaintiff is a Government servant and is living outside the village with his family and defendant No. 1 is acting as manager of the joint family properties and defendants 1, 2 and 4 are enjoying the moveable and imrnoveable properties of the joint family. As the defendants refused to give due share to the plaintiff out of the income of the joint 'family properties the plaintiff filed the suit for partition of the joint family properties in order to get his share. The plaintiff claims 3/10th share out of the properties.

( 2 ) DEFENDANTS 1, 2 and 4 have filed a join