JUDGMENT :

Misra, J. - Defendants 1, 3 and 4 are the Appellants. Plaintiff's suit was for declaration of title and recovery of possession of Ga schedule lands, or, in the alternative, for partition of Kha schedule lands. Kha schedule lands constitute 31. 82 acres village Dahijira in the district of Sundergarh. Ga schedule lands are 16.92 acres forming part of the Kha schedule lands. One Thutuku Gram was the owner of the Kha schedule lands. He was a Christian and died leaving two sons behind-Kalal Gram and Mahindar Oram (Defendant No. 2). Kalal Gram left for Assam sometime before 1930 and is since unheard of and civilly dead. Defendant No. 1 is his widow. Defendant No. 3 is the husband of Defendant No. 1's sister and Defendant No. 4 is the all son-in-law of Defendant No. 1. Defendant no. 2 went to Assam and returned back in 1947. Before going to Assam, Defendant No. 2 surrendered Kha schedule lands to the Gountia who settled the same on the Plaintiff. In 1944, Defendant No. 1 convened a Punchayati and the Plaintiff gave up half of Kha schedule lands in her favour. Plaintiff came into possession of Ga schedule lands after the Punchayat's decision. In paragraph 11 of the complaint Plai