JUDGMENT :

G.B. Pattnaik, J. - Plaintiff is the appellant against a reversing judgment. Plaintiff filed the suit for partition and allotment of his one-fourth share and sought for relief u/s 4 of the Partition Act to re-purchase the undivided ancestral property from defendant No. 8 with respect to Schedule -Kha property. Plaintiff's case, in brief, is that plaintiff and defendants 1 to 7 are descendants of the common ancestor Banamaii and defendant No. 8 is a stranger to the family. Defendant No. 8 got a registered sale deed in respect of the undivided ancestral homestead property from defendant No. 1 on 14-2-1978 in respect of Schedule-Khar property of the plaint which comprises of a part of the residential house and the tank appurtenant thereto and the plaintiff is entitled to protection of Section 4 of the Partition Act.

2. The defendants contested the suit challenging the share- claimed by the plaintiff and it was further contended that though defendant No. 1 had sold his share of homestead to defendant No. 8 on 14-2-1978, but defendant No. 8 had re-conveyed the same in favour of defendant No. 1 on 21-4-1978 on receiving the consideration money of Rs. 2,000/- and, therefore, the