JUDGMENT :

D. DASH, J.

1. The Appellant, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short ‘the Code’) has assailed the judgment and preliminary decree dated 11.07.2017 and 20.07.2017 respectively passed by the learned District Judge, Keonjhar in RFA No. 12 of 2015.

By the same, the Appeal filed by the Appellant under section 96 of the Code has been dismissed and thereby the judgment and preliminary decree passed by the learned Senior Civil Judge, Senior Division, Keonjhar in C.S. No. 114 of 2012 have been confirmed.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

3. The Plaintiff’s case is that the Defendant No. 1 is his brother and they are the two sons Late Sudarsan Mahanta. The Plaintiff and his brother Defendant No. 1 had jointly purchased the land measuring Ac. 0.47 decimals from its owner namely Harihar Panigrahhi. While so possessing the land as its owner they had sold Ac. 0.18 decimal out of the purchased land and thereafter the balance land of Ac. 0.29 decimal remained with them. It is stated that there has been