JUDGMENT :

This appeal has been filed challenging the judgment and decree passed by the learned Addl. District Judge, Jajpur in Title Appeal No. 34 of 1994 setting aside the judgment and decree passed by the learned Civil Judge (Junior Division), Jajpur in T.S. No. 366 of 1989.

The appellant as the plaintiff had filed the suit for partition of the land measuring Ac0.07 decimals under plot no. 1899 khata no.110 of mouza Kelanga and claiming allotment of eastern side portion of the land extending to Ac0.01 decimals 7½ links to him towards the share of his vendor. The suit having been decreed granting relief to the appellant-plaintiff under section 4 of the Partition Act to repurchase the said land from the defendant-respondent no.2, the appeal had been filed by the aggrieved plaintiff. The appeal and the suit for partition having been allowed, the present Second Appeal has been filed by the un-successful defendant no.2. He having died during pendency of this appeal, his legal representatives are pursuing the appeal.

2. For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the court belo