R. C. PATNAIK, J.

( 1 ) DEFENDANTS 1, 2 and 3 are the appellants. The courts below have concurrently decreed plaintiffs' suit for partition of her 1/3 share declaring that the defendant No. 3 is not the adopted son of the plaintiff and her late husband and the entry in the record-of-rights describing defendant No. 3 as the son of Rajkisore is erroneous and the entries recording the names of defendants 6 and 8 as occupancy raiyats are wrong and directing correction of the entries in the record-of-rights showing defendants 2 to 6 and 8 as occupancy raiyats.

( 2 ) THE late husband of the plaintiff and defendants 1 and 2 are brothers. The plaintiff alleges that she is entitled to 1/3 share in the joint family properties. The suit property being estates vested in the State Government and were settled under Sections 6 and 7 of the Orissa Estates Abolition Act with the plaintiff and defendants 1 and 2. Her earlier suit for partition in O. S. No. 15/28 of 1952-1951-1 in respect of the properties which had not vested was disposed of on compromise and the present suit for partition is in respect of the properties which had vested and have been settled. She further alleges that defendants 4