JUDGMENT :

This appeal has been filed challenging the judgment and decree passed by the learned District Judge, Sundargarh in R.F.A. No. 35 of 2011 confirming the judgment and decree passed by the learned Civil Judge (Sr. Division), Sundargarh in C.S. No. 166 of 2008.

The respondent no. 1 as the plaintiff has filed the suit for partition of the land described in the schedule of the plaint amongst the parties. It is his case that one Saheb Miyan had two sons namely, Sekhayat and Chhedi, both of whom are dead. They had the joint properties at mouza Rajgangpur under Khata no. 449 measuring Ac. 0.45 decimals over which they were having the residential houses and the land stood jointly recorded in their names. It is further stated that Sekhayat, besides the above property had got his separate landed property under Khata no. 448. They had constructed their separate residential houses where they used to reside with family and now their legal heirs are residing over there. But there was no partition of the said lands between them and their separate possession was merely for convenience which state has been continuing. The plaintiff claims to have approached the defendants on 25.08.2008 for p