JUDGMENT

RAGHUBIR DASH, J.

1. This Second Appeal is in challenge of reversing judgment and decree dated 13.08.2004 and 27.08.2004, respectively, passed by the learned Ad hoc Additional District Judge, Jeypore in R.F.A. No. 10 of 2004 setting aside the judgment and decree dated 04.08.2000 and 18.08.2000, respectively, passed by the learned Civil Judge (Senior Division), Jeypore in T.S. No. 33 of 1995.

2. The Appellant is the plaintiff and the Respondent Nos. 1 to 4 and deceased Respondent No. 5 are defendant Nos. 1 to 5 in the suit.

3. The suit is for declaration of plaintiff’s title over plaint schedule ‘B’ property and for recovery of possession of schedule B(a) to B(d) of the plaint. It is not in dispute that plaintiff and late Debraj Pradhan, father of D-1 to D-3 and husband of D-4 and D-5, are two brothers. Their other two brothers are Rusia and Dinabandhu. Rusia separated from the joint family in 1961 and Dinabandhu died unmarried.

4. The plaint story, in short, is that the plaintiff and father of D-1 and D-3 were separate in both mess and property. Plaint schedule ‘A’ property is plaintiff’s absolute property which he has purchased from his uncle Raghunath Pradhan and aunt Sr