JUDGMENT :

L. Mohapatra, J. - Plaintiffs are the appellants before this Court.

Learned Subordinate Judge, Balasore decreed the plaintiffs' suit in part preliminarily rejecting prayer for partition in respect of 'Kha' schedule property, allowing claim of defendants 1 to 6 for repurchase of share of defendant No. 7 under 'Kha' schedule property from the pontiffs. So far as 'Ga' schedule properties are concerned, prayer for partition was allowed and plaintiffs were declared to have 1/6th share of defendant No. 7. In appeal preferred by the plaintiffs the said decree was modified to the extent that the defendants 1 to 6 will have right of pre-emption in respect of 'Gha' schedule property measuring Ac. 0.50-1/2 decimal from 'out of plot No. 552 and Ac. 0.06-1/2 decimals from out of plot No. 555 under Khata No. 298.

2. Case of the plaintiffs is that one Banei Mallick is the common ancestor who had three sons, namely Suduri, Rathi and Sero. The aforesaid three sons were amicably possessing their joint family properties separately since 1920 and were also separate in mess. According to their separate possession three branches of Suduri, Rathi and Sero were recorded having 1/3rd interest each