JUDGMENT :

K.C. Jagadeb Roy, J. - The Plaintiff in Title Suit No. 241 of 1984 in the, court of the Subordinate Judge, First Court, Cuttack is the Petitioner in this revision. In the suit the Plaintiff claimed partition of the suit property against the Defendants. Defendant No. 1 is the mother, Defendant Nos. 2 to 5 are brothers and Defendants No. 6 is the sister. Defendant Nos. 2 and 6 filed their joint written statement in the case and rest of the Defendants filed their individual written statements. The main plea taken by the Defendant in the; written a statement was that, the father of the Plaintiff who is now dead and executed a document dated 30-11-1966 which the Defendants treated as deed of partition and urged that pursuant to this deed which was agreed upon amongst the parties, the Plaintiff had been given the possession of a piece of land measuring 5' in width and 5' in breadth. In view, of this earlier partition, there was ho question of any further partition of the property's claimed by the Plaintiff. The father of the Plaintiff admittedly died on 25th of February, 1967. According to the Defendants the validity of the document dated 30-11-1966 which is also now challenged