Judgement

MOHAPATRA, J. :- The plaintiffs have brought this appeal against the judgment and decree passed by the learned Subordinate Judge of Mayurbhanj, arising out of a suit for partition in respect of -/5/4 pies interest of the plaintiffs. One Raghunath Das had four sons, Radhamohan, Suryamani, Brajmohan and Madanmohan. Plaintiff No. 1 is Brajamohan, the third son. Plaintiffs Nos. 2 and 3 are the two sons of plaintiff No. 1. Defendant No. 1 is the eldest son of Raghunath. Defendant No. 5 is the last son of Raghunath, i.e. Madanmohan. Defendants Nos. 2 to 5 are the four sons of defendant No. 1, Radhamohan.

Defendant No. 7 is the widow of Suryamani who died in the year 1931. The A Schedule properties admittedly are the ancestral properties which are nearly 100 mans, i.e. 62 acres. The properties described in schedule (B) according to the plaintiffs version were acquired from out of the joint family funds, they being in acreage nearly 100 acres. Schedule D describes the moveables and schedule E to the plaint describes the Mahajani business of the joint family as asserted by the plaintiffs.

Plaintiffs seek a partition on the ground that even though a few years prior to the institution