Judgement

P. V. B. RAO, J :- Defendant 1 Bibuni Bewa widow of one Bhramar Sahu files this appeal against the reversing; judgment of the District Judge of Cuttack-Dhenkanal remanding the plaintiffs suit for ordering a sale according to Sub-Section (2) of Section 3, Partition Act and for disposing it of according to law.

2. One Gangai Swain had two sons, Hari and Damai. The plaintiff Padan, is one of the sons of Damai and his other son Bhagaban had three sons who are defendants 6 to 8. Hari had three sons, Sananda, Jogi and Binanda. Defendant 5 is the daughter of Sananda. Maheswar, defendant 2, is the son of Jogi. Defendant 1 is the widowed daughter of Binanda and defendants 3 and 4 are his sons.

3. The plaintiffs case is that his father Damai separated from his uncle many years ago and divided their agricultural lands, but kept the homestead jointly in which he had a four anna share and defendants 2 to 5 who are the descendants of Hari had an eight annas share, Udia Bewa wife of Sananda, defendant 2 and Binanda who is the father of defendants 3 and 4 sold their eight annas share m the disputed property to defendant 1 on 24-1-1952.

The case of the plaintiff is that defendant 1 being a st