K. P. MOHAPATRA, J.

( 1 ) THE appellant who is the plaintiff in the suit for partition has assailed the judgment and decree passed by the learned Additional Munsif, Athmallik dismissing the suit which in appeal were confirmed by the learned Subordinate Judge, Angul.

( 2 ) THE plaint reveals the following genealogy and facts:- the parties indisputably have 69. 59 acres of land in village Purunamanatri described in greater detail in the plaint schedule which are ancestral joint family property recorded jointly in the names of the appellant and the respondents in the latest settlement record of rights. Each of the branches is entitled to 1/3rd share. There has not so far been a partition by metes and bounds but the parties are in possession according to convenience. The appellant is in possession of lands less than his legitimate share. Therefore, he prayed for a decree for partition of the suit lands by metes and bounds. 2. The respondents in a joint written statement alleged that there was a family partition in the year 1940 in which some lands of village Purunamanatri and about 11 acres of land belonging to the family in village Tumbabajeni were allotted to the share of the appell