JUDGMENT

L. MOHAPATRA, J. — The legal heirs of the deceased plaintiff Baidhar Barik are the appellants before this Court against a confirming judgment.

2. The case of the plaintiff is that one Jagannath Barik was the owner of the suit lands and after his death the same devolved on his two sons, Baikuntha and Bauli. The aforesaid two sons remained joint and the settlement record of rights indicate such jointness. Thereafter, there was an amicable partition between both the brothers and the suit lands fell to the share of Baikuntha. While in possession of the suit lands Baikuntha died leaving behind his second wife Kuturi. Kuturi who succeeded to the suit property after death of her husband Baikuntha alienated some portions of her share in favour of one Michhu Mani and her minor son Adikanda Panda. Hema Dei, the daughter of Baikuntha through his first wife in connivance with her maternal uncle also transferred the same lands in favour of the defendants. Due to subsequent transfer made by Hema a suit was filed by Michhu Mani and her minor son in the year 1944 (O.S.No. 412/44) in which Kuturi, Hema and present defendants were also parties. The suit ended in a compromise where the right