KUMARI SANJU PANDA
MARGARET PALAI – Appellant
Versus
SAVITRI PALAI – Respondent
JUDGMENT
( 1 ) THIS appeal is directed against the judgment and decree dated 21-12-1992 and 6-1-1993 passed by the learned subordinate Judge, Chatrapur in Title Suit no. 76 of 199o dismissing the suit.
( 2 ) PLAINTIFF No. 1 is the appellant. She filed the suit for partition of the suit property along with mesne profits and costs. Plaintiff Nos. 2 and 3 are her daughters. During pendency of the suit, plaintiff No. 3 died. Therefore, her name was deleted.
( 3 ) THE case of plaintiff No. 1 in a nutshell is that she married to one Debendra Polai in the year 1973 as per Hindu customs and adjusted herself in the Hindu customs of the family. Debendra died on 17-5-1987. The suit schedule lands are joint family properties of debendra and his brother. After death of debendra, She became helpless and demanded partition of her husband's share but all her attempts became fruitless. During settlement operation, all the properties were recorded in the name of defendant No. 2 giving an impression that Debendra died unmarried and issueless. It was further claimed that defendant No. 2 and Debendra had joint lease of salt cultivation wherefrom defendant No. 2 was getting an average income. The plainti
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