JUDGMENT :

P.C. Misra, J. - The defendants in Title Suit No. 77 of the 1971 of the Court of the Subordinate Judge, Aska, are the appellants in this appeal. The suit is one for partition of the suit properties described in the plaint schedule into two equal shares and fox allotment of one of such share to the plaintiff.

2. The admitted genealogy showing the relationship amongst the parties is given below for the better appreciation of the cases of the respective parties:

Sridhar ' Sindhu Padhan

|

_____________________________________________

| |

Brundaban (D. 1) Natha

-Kautiki (D. 5) |

|

_________________________________ 3 Krishna (Plff.)

| | |

Ramachandra Hari Charan

(D.2) (D.3) (D.4)

The above genealogy would show that the plaintiff represents the branch of Natha whereas the defendants represent the branch of Brundaban. The plaintiff's case is that Natha and Brundaban were members of a Hindu joint family and the plaintiff's father Natha died in a state of jointness at an early age. The plaintiff was an infant at the time of the death of his father who was being looked after by his uncle Brundaban. It is alleged that Brundaban-defendant No.