Court : Orissa
Decided on : Jun-24-1968
Reported in : AIR1968Ori236; 34(1968)CLT911
A. Misra, J. 1. This appeal has been preferred by the unsuccessful plaintiff against a reversing judgment. His case, in brief, is that he and defendants Nos 1 and 2 are the sons of one Dinabandhu, who died in the year 1929. The suit properties described in Schedules Ka, Kha and Ga were the ancestral properties of the family After Dinabandhu's death, plaintiff left his house due to ill-treatment by the wives of his elder brothers (defendants Nos. 1 and 2) and was staying either at Calcutta or in the village of his maternal uncle As the family had continued possessing the suit properties jointly, he sought for partition shortly before institution of the suit Then he came to learn that even though there were no arrears of rent defendants Nos. 1 and 2 in collusion with the landlord Sm. Pramoda Devi with the object of depriving him of his legitimate share got rent suit No 6410 of 1934-35 filed against the brothers impleading the plaintiff as a minor under theguardianship of defendant No. 1,...
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