JUDGMENT :

A.K. Rath, J.

1. Since the common question of facts and law are involved in both the appeals, the same were heard together and are disposed of by this common judgment.

2. Plaintiff-Respondent instituted T.S. No. 92 of 1980 for declaration of title over 'B' schedule land, recovery of possession and mesne profits. The case of the plaintiff was that schedule 'A' land belonged to Jaysingh Sahu. In a family partition between Jaysingh and his brothers, the same fell to the share of Jaysingh in the year 1954. Tulsa was the first wife of Jaysingh. Jaysingh married to Sukun for the second time in the year 1954. Jaysingh died in the year 1964 leaving behind him two widows, Tulsa and Sukun, who inherited schedule 'A' land and possessed the same jointly as tenants-in-common. After death of Jaysingh, dissentions cropped up between the two widows. There was partition of the schedule 'A' land between them. A memorandum of partition was prepared on 25.4.65 in the presence of the witnesses. Sukun signed on the same and Tulsa put her L.T.I. In the said partition, schedule 'B' land fell to the share of Sukun along with two decimals house property of Jaysingh. After partition, both the widows