Judgement

P. V. B. RAO, J. :- This appeal is by the plaintiff against the judgment and decree of the learned Additional Subordinate Judge of Cuttack, reversing the decision of the learned First Munsif of Cuttack decreeing the plaintiffs suit for partition of 6 annas interest in Ka schedule property and 8 annas interest in Kha schedule property and for separate possession.

2. The case of the plaintiff is that Nityananda and Raghu were brothers; that the plaintiff is the daughter of Nityananda and the defendant is the son of Raghu; that Gandharba, son of Nityananda died issueless leaving a widow Hemalata since deceased; that Nityananda and Raghu were separate in status though the properties had not been divided by metes and bounds; that the defendant and Nityananda were possessing a 10 annas and a 6 annas share in Ka schedule property and 8 annas share each in kha schedule property; that thereafter Gandharba jointly possessed the properties in respective shares along with the defendant; and that the plaintiff had inherited the properties after the death of Gandharba and had been in joint possession thereof with the defendant and hence filed the suit for partition of her share in the Ka