JUDGMENT :

Sanju Panda, J. - This appeal is directed against the Judgment dated 6.9.1980 and decree dated 16.9.1980 passed by the learned Sub-Judge, Keonjhar in T.S. No. 56 of 1977-1.

2. The facts of the case are as follows:

The present Respondents 1 to 9 as Plaintiffs filed the suit for partition. Defendants 1 to 3 are Appellants.

For better appreciation, the geneology of Maniram Mohanta given in Schedule-A of the plaint is as follows:

Maniram Mohanta

__________________________|________________________________

| | |

Rijhu Fuchua Hari

| | |

| Saheba Hrushikesh

| | |

| Benga Bewa (P-5) (P-1)

_________|____________________ |

| | | | |

Bhaktu Jagtu Jaja Khainta |

= Tulsi | (D-4) |

| | |

(D-5) Khatu | |

| \ | ________|___________

| \ | | | |

| \ Chepi Chandra Krushna Charku

Brahmananda Karmu (P-2) (P-3) (P-4)

(D-1) (D-2)

Their specific case is that properties described in Schedule-B of the plaint originally belonged to Maniram Mohanta who died leaving behind three sons, namely, Rijhu, Fuchua and Hari and subsequently the property was mutated in the names of Rijhu, Hari and Saheba in Mutation Case No. 688 of 1923-