K. P. MOHAPATRA, J.

( 1 ) THE appellant who was the sole defendant in the court below has assailed the judgment and decree passed by the learned Subordinate Judge, Bhawanipatna declaring title of respondent 1 (plaintiff 1) in the suit in respect of immovable property described in schs. A and B of the plaint, confirmation of her possession over Sch. B land, directing recovery of possession of Sch. A land and granting mesne profits @ Rs. 326/per year beginning from the year 1972.

( 2 ) THE respondents jointly instituted the suit. Their case, in brief, is that Keshab had three sons namely Trilochan, Khageswar and Nilamani. Khageswar is the defendant-appellant. Respondent 2 is the natural born son of Trilochan and respondent 1 was the legally married wife of Nilamani. The three brothers named above effected partition of joint family property inherited from their father Keshab. In the said partition 19. 06 acres of cultivable land described in the Sch. A and 0. 23 acres of homestead land consisting of a house described in Sch. B of the plaint excluding some other lands which had been transferred fell to the share of Nilamani. As he had no children of his own, Nilamani adopted responden