Judgement

DAS, J. : This is an appeal by the defendant No. 1 against the judgment and decree passed by the Subordinate Judge, Bhubaneswar, in a suit for partition. The relationship of the parties will appear from the genealogy given below :

Dinesh - D. 3 is one of the sons of defendant No. 1. Banbehari died on 7-8-54, leaving behind his widow the plaintiff, and his sons, defendants 1 and 2. It is the case of the plaintiff that all the suit properties were the self acquisition of her husband. She herself had acquired some land from out of her own funds and she is in exclusive possession of the said properties. The sons did not take any interest in her affairs. So she was compelled to file the present suit for partition of both immoveable and moveable properties of the family claiming one third share therein.

2. Defendant No. 1 came forward to oppose the claim of the plaintiff mainly on the ground that she is not the legally married wife of his father. His mother Paluni Debi died in 1923, while on a pilgrimage at Kasi. By that time both the defendants were aged 10 and 2 respectively. The plaintiff is not a Brahmia, but a Khandayet by caste and is the daughter of one Kunja Rout. She was