B. N. MISHRA, J.

( 1 ) THIS appeal has been filed by the defendant against the confirming judgment of the learned Subordinate Judge, Aska. Plaintiff is the wife of Dandapani Swain and daughter of the late Choudhury Swain and Chitra Swain, who died in 1960 and 1962 respectively. Defendant is the son of the plaintiff and Dandapani.

( 2 ) THE plaintiff's case may be briefly stated. She is the only daughter of her parents and after her marriage along with her husband she lived with her parents. By their joint efforts the late Choudhury and Dandapani acquired some landed properties. In 1953 there was misunderstanding between the late Choudhury and Dandapani and hence the properties were divided by a registered deed of partition between them on 26-4-1953. At this partition about Ac, 3. 60 cents of land and a dwelling house fell to the share of the late Choudhury and his wife who possessed the said properties till their deaths in 1960 and 1962 respectively. Thereafter the plaintiff possessed the said properties being the only heir. However, in March 1976 the defendant who was staying jointly with his parents, the plaintiff and Dandapani, claimed the properties of the late Choudhury and