JUDGMENT :

A.K. Parichha, J. - This is a Defendants appeal against the Judgment and decree of the Learned District Judge, Cuttack passed in Title Appeal No. 56 of 1993 setting aside the Judgment and decree recorded by the Learned Subordinate Judge, Athagarh in T.S. No. 22 of 1988.

2. The original Respondent-Brajabandhu Das filed the above noted suit for partition of the suit property. His averment was that he and the Defendant jointly purchased the suit land measuring Ac.0.66 dec. in plot No. 1468 of Khata No. 571 from one Nemai Ch. Harichandan for a consideration of Rs. 300/- on 30.1.1951 and jointly took delivery of possession and accordingly in the last settlement R.O.R. the suit land was jointly recorded in the name of the Plaintiff and Defendant. However, there was severance of joint family status in the family in the year 1964 and each brother possesses different parcels of land by mutual arrangement. In the process, the Plaintiff and Defendant possessed half and half of the suit land, the Plaintiff possessing Ac.0.33 dec. towards northern side and the Defendant possessing the remaining Ac.0.33 dec. on the southern side. Since hostile feeling generated between the Plaintiff and