JUDGMENT

A. K. PARICHHA, J. — Plaintiff is in appeal against the judgment passed by learned 2nd Additional District Judge, Puri in Title Appeal No. 4/80 of 1995/92 reversing the judgment and decree of learned Addl.Subordinate Judge, Puri recorded in Title Suit No.6/78 of 1990/86-I.

2. Plaintiff’s case was that her father Pandit Jagannath Prasad Sarma got the land and house under Municipal Holding No.924 (Ward No.4, Circle No.5) located by the side of the Grand Road of Puri town by way of a gift dated 18.12.1946 from the Mahanta of Emar Math, Puri for meritorious service. The father of the plaintiff thus possessed the suit land and house and in course of time raised 2nd and 3rd stories in the said building. Then he died on 1962. He was survived by his widow Golaprani Sarma and two daughters, namely, Bina Sukla (plaintiff) and Bimala Jharkhadia (defendant No.1). These 3 heirs effected parti¬tion of the properties of late Jagannath Prasad Sarma and in that partition the above said house and land fell to the share of the plaintiff and widow Golaprani Sarma. The northern half fell into the share of the plaintiff and southern portion fell into the share of widow-Golaprani. Golaprani rema