JUDGMENT :

D.P. CHOUDHURY, J.

1. The captioned appeal is assailed against the confirming finding in the judgment and decree passed by the learned District Judge, Sambalpur in R.F.A. No. 2 of 2010 which was preferred against the judgment and decree passed by the learned Civil Judge (Senior Division), Sambalpur in C.S. No. 130 of 2005.

2. The appellant is the defendant before the trial court, whereas the respondent was the plaintiff before it. The description of the parties would be in this judgment as per their nomenclature before the learned trial court.

Pleadings:

3. The unfurled story of the plaintiff is that the plaintiff and the defendant are two daughters of late Sundar Bhue who is the recorded owner of the schedule-A property vide M.S. plot No. 319 of mouza-Sambalpur on rayati status. After death of Sundar Bhue the plaintiff and defendant succeeded the entire property left by their father and have been possessing the same in their own right, title and interest. On 2.1.2003 the plaintiff requested the defendant for partition of schedule-A property, but the defendant avoided.

4. On enquiry the plaintiff came to know that the defendant without knowledge and information of the plaintif