JUDGMENT :

A.K. Rath, J.

The legal heirs of defendant no.2 are the appellants against confirming judgment in a suit for partition.

2. Plaintiffs-Respondents nos.1 to 3 instituted the suit for partition. The case of the plaintiffs was that Dasarathi Sahu had two sons, namely, Khetramohan and Chadramohan. Khetramohan died leaving behind four sons. Chandramohan died leaving behind the plaintiffs and defendant nos.5 and 6. There was a partition between the parties on 3.4.1954 by registered deed of partition except the homestead property. The suit plot is a tank. The same is a part of the joint homestead of the parties. Plot no.508 belongs to P.W.D. The same was taken by Chandramohan on lease. There is an old house on it since the time of Khetramohan. The tank, house as well as the properties appertaining to Plot no.493, khata no.282, area Ac.0.05 dec. of mouza-Khandahara, Plot nos.492,494 and 502, area Ac.0.11 dec., Ac.0.06 dec. and Ac.0.03 dec. respectively under khata no.283 of mouza-Khandahara have not been partitioned. They have half share in it. With this factual scenario, they instituted the suit seeking the reliefs mentioned supra.

3. The defendants filed written statement pleading