G. B. PATNAIK, J.

( 1 ) DEFENDANTS are appellants against the judgment and decree of the Subordinate Judge, Kendrapara, in Title Suit No. 23 of 1973. Plaintiff filed the suit for a declaration that the deed of partition dated 5-5-1973 is invalid, inoperative and null and void on account of fraud perpetrated on him by the defendants by including in the said document the self-acquired properties of the plaintiff to the extent of 7. 592 described in Lot No. 3 of the plaint schedule.

( 2 ) ACCORDING to the plaintiffs case, the plaintiff and the defendants are brothers and all of them had inherited the ancestral family property to the extent of 1. 85 acres described in Lot No. 1 of the plaint schedule. By the time when plaintiffs father expired, he was only 18 years old and as the family properties were not sufficient to make both ends meet, the plaintiff left for Calcutta and started some milk business and out of the income of the said business maintained the defendants and also purchased the properties to the extent of 7. 592 acres described in Lot No. 3 of the plaint schedule. Defendants have no manner of right or interest in the said property. That apart, all the defendants and th