JUDGMENT :

R.K. Dash, J. - Unsuccessful plaintiffs are in appeal against the judgment and decree of the learned Subordinate Judge, Karanjia (as he was designated then) dismissing the suit for petition simpliciter,

2. Plaintiffs case may briefly be stated thus:

Udayanath Mohanty, common ancestor of plaintiffs and defendant No. 1, died sometime in 1948 leaving behind his widow, defendant No. 2 and two sons, namely. Purna and Harish, defendant No. 1. Purna died on 14-11-1957 leaving behind his widow Yasoda. plaintiff No. 1 and daughter Sukanti, plaintiff No. 2. Total extent of lands possessed by Udayanath are set out in Schedule-B of the plaint. According to plaintiffs, item Nos. 1, 2 and 3 were ancestral properties and item No. 4 was the self-acquired property of Udayanath. So far as item No. 3 is concerned, though the sale deed stands in the name of Kamala, defendant No. 2, it was acquired by Udayanath out of joint family funds defendant No. 2 having no independent source of income to acquire the said property. As to item No, 5, the same was obtained by exchange with one Harihar Misra and after having acquired the same, Udayanath constructed his house thereon and resided there with hi