JUDGMENT :

A. Misra, J. - The unsuccessful Plaintiff in partition suit is the Appellant. Plaintiff?s case, in brief, is that one Lochani Sahu left three sons Madhu, Babu and Bhubani Babu was Defendant No. 1 who died during the pendency of this litigation; Defendant No. 2 is his second wife and Defendant No. 3 is his son through her. Bhubani has been impleaded as Defendant No. 7. Madhu left three sons Fagu (Defendant No. 4) Bhagu, deceased father of Defendant Nos. 5 and 6 and Paramananda, the Plaintiff. According to Plaintiff, Defendant No. 1 despairing of be-getting any male issue through his first wife Sara, adopted him on the twenty-first day of his birth and brought him up since then as a member of his family. Sometime after the alleged adoption, Defendant No. 1?s first wife having died, he married Defendant No. 2 through whom, besides two daughters, a Bon (Defendant No. 3) was born.

2. He further states that lot Nos. 1 and 2 of Schedule A and lot No. 3 of Schedule B constitute ancestral properties which have not yet been divided in metes and founds, though the different branches are in separate possession of portions for the sake of convenience. Lot Nos. 1 and 2 of Schedule Bare