G. B. PATTANAIK, J.

( 1 ) DEFENDANT No. 3 in Title Suit No. 58/13 of 1971/74 is the appellant in Second Appeal No. 360 of 1981 and plaintiff No. 1 in Title Suit No. 71 of 1971 is the appellant in Second Appeal No. 361 of 1981.

( 2 ) ONE Basu Sahu who is the common ancestor had five sons and Kamini, the widow of Manmohan - one of the five sons of Basu is the plaintiff in Title Suit No. 71 of 1971. Srimati who is wife of Nrusinha, son of Anadi - another son of Basu, is plaintiff No. 1 in Title Suit No. 58 of 1971. Kamini filed Title Suit No. 71 of 1971 for a declaration that the partition deed dated 5-4-1952 was illegal, invalid and not binding on her and for a further declaration that Kabala dated 14-4-1960 executed by Bana (defendant No. 3 in. Title Suit No. 71 of 1971) was illegal, void and further prayed for injunction against defendants 2 and 3. Srimati along with her husband Nrusinha filed Title Suit No. 58 of 1971 for eviction of Kamini and for recovery of possession with damages and for permanent injunction in respect of the house property standing over an area of Ac. 0. 18-5 kadis. The genealogy of the family is not disputed, which is given hereunder :- in the suit filed by