JUDGMENT

D. Dash, J.

1. This appeal has been filed by the Defendants challenging the Judgment & decree passed by the Learned Civil Judge (Senior Division) 1st Court, Cuttack in C.S. No. 332 of 2003 decreeing the suit filed by the Plaintiff-Respondent No. 1 in part. The Plaintiff-Respondent No. 1 has also filed the cross-appeal with respect to the refusal part. For the sake of convenience, clarity & to avoid confusion, the parties hereinafter have been referred to as they have been arrayed in the Court below.

2. The case of the Plaintiff is that one Bandhu Behera is his father & Defendant No. 1 is his other brother. Bandhu died in the year 1955. The Defendant No. 1, who is the elder brother of the Plaintiff, had married Sabitri. It is stated that Bandhu had no such income. The Plaintiff & Defendant No. 1 started joint business & out of their income acquired some landed properties. It is further stated that the Defendant No. 1 when acquired properties in his name, he has also acquired some other property in the name of his wife. All these recorded in the name of Defendant No. 1 & his wife are claimed as the joint family properties acquired from the joint family funds.

It is specifically