Judgement

PANIGRAHI, C. J. :- If the facts of this case are properly appreciated the principle of law that should be applied will be-easy to determine.

2. Plaintiffs 1 to 4 are the heirs of one Shyam Sundar Baral who had two brothers Samuel and Daniel. In the year 1936 they filed a suit for partition of their share in the suit property, which consists of a dwelling house standing on plot No. 280. in Title Suit No. 332/89/57 of 1936 in the Court of the First Munsif, Cuttack, and obtained a decree for partition on 3-10-1936. In accordance with the decree the suit house was divided into two portions-X and Y, X representing one-third share of the plaintiffs father, and Y representing the share allotted to Samuel and Daniel jointly.

The plan attached to the plaint shows that eastern portion marked X fell to the share of the plaintiffs and the western portion Y, to Samuel and Dapiel. Samuel died in the year 1944, leaving a widow, Kadambini, surviving him. Kadambini purported to convey by a sale deed, Ex. 1 dated 10-1-47, the entire interest of Samuel in the suit dwelling, house to plaintiffs 1 and 2 - which obviously she was not entitled to do.

The parties being Christians are governed by th