JUDGMENT

Dr. A.K. MISHRA, J. - This letters patent appeal has been preferred by the substituted legal heirs of the plaintiff against the judgment dated 30.09.1996 of the learned Single Judge in F.A. No.386 of 1983 wherein and whereunder the preliminary decree dated 13.05.1983 in a partition suit bearing No.T.S. 59 of 1980 passed by the learned Subordinate Judge, Jajpur was reversed resulting dismissal of the suit.

2. The facts in brief, shorn of detail and necessary for the disposal of this intra-court appeal lie on a narrow compass.

Upendra, the common ancestor of the parties had three sons, namely, Panchanan, Basudev and Dasarathi and three daughters, namely, Suma, Uma and Phula. Basudev had two sons, namely Krushna and Niranjan. Dasarathi had two sons, namely, Bishnu and Prahalad. Upendra died in the year 1976.

3. Upendra had owned joint family property of Ac.9.47, 1 Kadi 123 Biswas of land. During the period from 1929 to 1974 he had acquired 9 ½ acres of land in his name exclusively. There was a mutual partition in the year 1972. By gift deed dated 30.07.1974 Upendra had transferred Ac.4.97.3 links of land in favour of the sons of Basudev and Dasarathi, who were defendant nos.