In partition suits under the Hindu Succession Act, successors are entitled to equal shares regardless of prior unauthorized mutations in land records, affirming co-ownership rights.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This 2nd Appeal has been preferred against the reversing Judgment.

2. The appellant in this 2^nd Appeal was the defendant before the Trial Court in the suit vide T.S. No.1 of 1987 and respondent before the First Appellate Court in the 1st Appeal vide T.A. No.2 of 1989.

The respondent in this 2^nd Appeal was the plaintiff before the Trial Court in the suit vide T.S. No.1 of 1987 and appellant before the 1^st Appellate Court in the 1^st Appeal vide T.A. No.2 of 1989.

3. The suit of the plaintiff (respondent in this 2^nd Appeal) vide T.S. No.1 of 1987 was a suit for partition against the defendant (appellant in this 2nd Appeal).

As per the case of the plaintiff (respondent in this 2nd Appeal) before the learned Trial Court in the suit vide T.S. No.1 of 1987, she (plaintiff) and the defendant are the descendants of their common ancestor Sankarsana Sahu. Their common ancestor Sankarsana Sahu had 3 wives. Biranchi was the son of Sankarsana Sahu through his first wife. The 2^nd wife of Sankarsana Sahu died issueless. The plaintiff is the only daughter of the 3^rd wife of Sankarsana Sahu. Panchaphula was the third wife of Sankarsana Sahu.

The son of Sankarsana Sahu through his first wife i.e. Biranchi died in the year 1979 leaving behind the defendant i.e. Madan Mohan Sahu as his only successor.

The properties described in Schedule “B”, “C” & “D” are the suit properties.

The “B” and “C” schedule suit properties corresponds to properties covered under Sabik Khata No.73 & 104/2. The properties covered under Sabik Khata No.73 & 104/2 being the ancestral properties of Sankarsana Sahu, the said properties had fallen in the share of Sankarsan Sahu. As such, Sankarsan Sahu was the owner of “B” and “C” schedule suit properties. The “D” schedule suit properties were the self-acquired properties of Sankarsan Sahu.

The son of Sankarsana Sahu i.e. Biranchi Sahu (father of the defendant) had married in village Panmura in Bargarh district and was residing in his inlaws house at Panmura with his wife and son i.e. defendant. For which, the plaintiff, her husband and her mother were looking after the comforts of Sankarsana Sahu staying with him. The plaintiff and her husband were also looking after the cultivation of the properties of Sankarsana Sahu i.e. suit properties. Because, Sankarsana Sahu being old was not physically fit to look after the properties. Out of love and affection, Sankarsana gifted Ac.0.65 dec. of land out of Khata No.73 in favour of plaintiff through registered gift deed in the year 1979. The mother of plaintiff i.e. Panchaphula (third wife of Sankarsana) died in the year, 1982. After the death of the mother of the plaintiff, the defendant chalked out a plan for recording the suit properties described in Schedule "B" & "C" illegally in his name exclusively correcting the same from the name of his grandfather Sankarsana Sahu to his name even during the life time of his grandfather Sankarsana Sahu and plaintiff. So, without the knowledge of the plaintiff and her father Sankarsana Sahu, the defendant managed to record the suit properties descibred in Schedule "B" & "C" illegally in his name correcting the same from the name of Sankarsana Sahu to his name through Mutation Case Nos.442/1981 and 443/1981 even in the absence of any deed of transfer of the said suit properties by Sankarsana Sahu in his favour. Thereafter, Sankarsana Sahu died in the year, 1984. After the death of Sankarsana Sahu, the defendant expressed his desire to possess the suit properties described in Schedule "B" & "C" exclusively debarring the plaintiff fr