K. P. MOHAPATRA, J.

( 1 ) THE reversing judgment and decree of the learned Additional Subordinate Judge, Berhampur, dismissing the plaintiff's suit for declaration that the deed of settlement in respect of the suit land dated 20-6-1962 (Ext. A/5) executed by Baidehi in favour of the defendant-respondent was a fraudulent, inoperative and void document got executed on perpetration of undue influence, for partition, for rendition of accounts and mesne profits, have been assailed in this second appeal. The plaintiff is the appellant.

( 2 ) THE plaintiff alleged the following facts. Kalu Sahu had two sons, namely, Gobinda and Nandakishore (defendant ). Baidehi was his widow. Gobinda died and his son, the plaintiff was posthumously born. The plaintiff, however, instead of living in the ancestral home, lived with his maternal uncle, practically detached from his uncle, the defendant and grandmother Baidehi. The suit property as was held in First Appeal No. 69 of 1958, disposed of on 22-12-1961, belonged to Baidehi who enjoyed the same in lieu of maintenance and had acquired absolute rights according to the provisions of S. 14 (1) of the Hindu Succession Act. Taking advantage of the above