JUDGMENT :- The appellant in this court was the plaintiff who sued for title and possession in respect of 13 decimals of land with a house standing thereon. His suit was decreed in the trial court, but he lost in the lower appellate court and has, therefore, come in second appeal.

2. According to the plaintiff, one Gopinath Mohapatra had three sons, namely, Bhagaban, Madan, and Janardan. Bhagaban's widow was Jema, Radhamani happened to be the widow of Madan and the plaintiff is the son of Janardan. These three brothers had become separate during their lifetime and were in separate enjoyment of the properties allotted to their respective shares. So far as the homestead was concerned they had been enjoying it jointly without any partition by metes and bounds. This house was situated in touzi No. 674. Gopinath, the common ancestor had only one anna interest in the touzi. This interest of one anna had accordingly been divided into three shares among Bhagaban, Madan and Janardan. Before Jemamani's death, she had executed a deed of gift in favour of Padmamani, who was the daughter of Radhamani Radhamani had also executed another deed of gift in respect of her interest in the touzi in favo