D. Dash, J. —The unsuccessful defendant being aggrieved by the judgment and decree passed by the learned Civil Judge (Sr. Division), Chatrapur in Title Suit No. 76 of 1997 filed by the respondent as the plaintiff, has filed this appeal challenging those.

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

3. Plaintiff is the daughter of P. Raghunath Senapaty and P. Chandrama Senapaty. They had four sons and three daughters. The plaintiff is the youngest of all, whereas the defendant is the eldest. The plaintiff remained as a spinster. Plaintiff’s father expired on 22.02.1982 leaving behind his widow and children as aforesaid as his legal heirs and successors. The widow mother of the parties died on 30.03.1995. It is stated that after death of the father as none of the brothers came forward to take care of the plaintiff, finally she had to live under the mercy of her third brother for some days. But thereafter, he had to live separately being so asked/told by said brother. It is stated that mother of the plaintiff during her lifetime had executed a Wi