JUDGMENT

B.K. PATEL, J. — The unsuccessful plaintiffs are in appeal against judgment and decree passed by learned Subordinate Judge (now Civil Judge, Senior Division), Sambalpur in T.S. No.31 of 1978, a suit for partition.

2.It is not disputed that the suit land originally belonged to late Sriram Patel, the common ancestor of parties. Admitted genealogy of parties to the suit is as follows :

Sriram Patel

NiranjanSudarshan Abhiram

GajendraNetranandaPurna

D.1 D.2 D.3

Shyamsudar Biseswar Mst. Sebati Mst. Surasti Kuber

P.1= P.4 P.5 P.6

Wife-Mst. Mali

P.2

Bhubaneswar

P.3

Mst. Malabati Nrupalal Sobharam Gandhi Mst. Khira Mst.Kamala

P.7 P.8 P.9 Pr.D.4 P.10 P.11

During pendency of the suit plaintiff No.1 died and was substituted by his daughter who is presently the appellant No.1.

3.Plaintiffs filed the suit on the allegations that plaintiffs’ predecessors of plaintiffs and proforma defendant No.4, namely, late Sudarshan and Abhiram were idiotic, simpletons, illiterate and of incomplete development of mind. The predecessor of the defendants, namely, late Niranjan playing fraud, executed a document on 18.6.1924 (Ext.9), purpoted to be a deed of par