Judgement

MOHAPATRA, J.:- This first appeal against the judgment dated 16-12-1948 of Sri K.K. Bose, and Addl. Subordinate Judge of Cuttack, arises out of a suit for partition-defendants 1 to 4 being the appellants.

It will be necessary to reproduce the genealogy herein below in order to appreciate the respective cases of different sets of parties in the suit for partition;

2. Madhab had 5 sons, Nandakishore, Ganeswar, Nabakishore, Shyamsundar and Purnachandra. Defendants 1 to 4 are the sons of Nandakishore. Plaintiff is the son of Ganeswar. Defendant 23 is the daughter of Nabakishore who died without a son. Defendant 5 is the son of Shyamasundar. Defendant 6 is the widow of Purnachandra and defendant 7 is his daughter. Purnachandra died near about the year 1929-30.

According to the plaintiffs version Purnachandra died in a state of jointness with the other 4 brothers. 7 or 8 years after the death of Purnachandra, the 4 brothers separated in mess and there was severance of interest as they began to use the usufruct of the properties in four equal shares and there was no partition by metes and bounds. A few months after the separation amongst the four brothers, the plaintiffs father Gane