( 1 ) G. B. PATNAIK, J. :- Defendants 1 and 13 are the appellants against the judgment and decree of the Subordinate Judge, Balasore, in O. S. No. 98 of 1968.

( 2 ) THE suit is one for partition amongst the four branches of Laxman, Khetramohan, Sitaram and Rama, their common ancestor being one Kusun Das. Laxman has two sons Jagannath and Harekrushna. Jagannath's son Baidyanath is defendant No. 3, Harekrushna is defendant No. 4 and his son Gopinath is defendant No. 14. Khetramohan's wife is Brundabati and their three sons are Gadadhar, Gangadhar and Bhagaban. Gadadhar is plaintiff No. 1 and his son Ganapati is plaintiff No. 2. Gangadhar is defendant No, 1 and his son Sripati is defendant No. 13. Bhagaban is defendant No. 2. Sitaram has two sons -Chakradhar and Chemei. Chakradhar's wife Aparti is defendant No. 5 and their two sons and a daughter - Nanda, Panda and Sabitri are defendants 6,7 and 8 respectively. Chemei's widow is Bayani (defendant No. 9) and their sons Musi and Sachindra are defendants 10 and 11. Rama's son Banshidhar is defendant No, 12.

( 3 ) ACCORDING to the plaint case, Schedule - Kha property measuring 10. 09 acres is the joint family property of the common ance