JUDGMENT

A. K. PARICHHA, J. : This is a plaintiff’s appeal challenging the judgment passed by the learned Subordinate Judge, Anandpur in T.S. No.62/78-I dismissing the prayer of the appel¬lant for partition of schedule ‘B’ properties of the plaint.

2. Plaintiff’s case, in brief, was that Bhaigo Rout and Mali Rout were brothers and Schedule ‘B’ property was their joint ancestral property. Chakradhar Rout, the father of defendant No.1 and husband of defendant No.2 was son of Bhaigo Rout whereas defendant Nos.3 to 6 and husband of defendant No.7 are sons of Mali Rout. It was claimed that in the year 1928 there was a family arrangement wherein Late Chakradhar got Schedule ‘A’ land in his share for exclusive enjoyment and possession and he con¬tinued possession over that land till 1972. Chakradhar, in order to meet the necessity of the family sold the suit land to the plaintiff for a consideration of Rs.600/- by means of registered sale deed on 7.10.1972 and delivered possession of that land whereafter the plaintiff remained in possession and enjoyment of that land. Chakradhar died in the year 1976. After his death, taking advantage of the fact that defendant No.1 was minor and defenda