IN THE COURT OF CIVIL JUDGE (JUNIOR DIVISION),

BERHAMPUR
Present : Sri Biswajit Nayak, LL.M.,
C.J.(J.D.), Berhampur.
[JO Code No. OD-0529]

Civil Suit No. 26/2018

1. Nakini @ Lakini Narayan Patra, (dead)

Retd. OSEB Employee, S/o- Late Nakini & Lakini Kalia Patra,
2. Nakini @ Lakini Ajarama Patra, aged about 70 years,
W/o-Nakini @ Lakini Narayan Patra, House wife.
3. Gobinda Patra, aged about 42 years, Business,
S/o- Sri Nakini @ Lakini Narayan Patra.
4. Appna Patra, aged about 40 years, Business,
S/o- Nakini @ Lakini Narayan Patra.
All are residing at Ram Nagar 8th line, Lanjipalli,
P.S.- Baidyanathpur, P.O.- Berhampur-8, Dist-Ganjam
5. Bamudi Sorojini, aged about 54 years,
W/o- B. Ranga Rao, house wife, residing at Khaidirpur
(Sitalamandira Elaka), At/PO/PS- Kharagpur Town,
Dist- Paschim Medinipur, Pin- 721304
6. Bamudi Monorama, aged about 52 years,
W/o- Late B. Nageswara Rao, house wife,
residing at Gandhi Nagar, Similiguda,
P.O- Muthai, Pin- 764036, Dist-Koraput
7. Chintadu Bharati, aged about 39 years,
W/o- Sri Ch. Harinath, house wife, residing at
Uma Nagar, 3rd line, Lanjipalli, P.O- Berhampur
Pin- 760008, Dist- Ganjam
.......... Plaintiffs
-vs-
1. Gouri Sankar Patra,aged about 50 years,
Business, S/o- Lakini Narayan Patra,
residing at Gandhi Nagar, Similiguda,
P.O- Muthai, Pin- 764036, Dist- Koraput
   
 2. Gunta Jayalaxmi, aged about 47 years,
W/o- G. Mohan Rao, house wife, residing at
Surjya Nagar 2nd line, Ankuli, P.O- Berhampur
Pin- 760010, Dist- Ganjam
…...…. Defendants

Date of Argument:- 25.03.2019

Date of Judgment: -29.03.2019

Counsel of Plaintiffs:- Sri. N.K. Tripathy, Advocate Berhampur

Counsel of Defendants:- Sri.S.K. Nayak, Advocate Berhampur

JUDGMENT
The plaintiffs have filed this suit for declaration that the
family settlement list dtd. 18.10.13 is valid and binding on the
parties.

2. The plaintiffs' case is as follows:-

The plaintiff no.1 and 2 are the father and mother of plaintiffs
no. 3-7 and the defendants. The parties to this suit constituted a
Hindu Joint Family, governed under the Mitaskhara School of Hindu
Law. The plaintiff no.1 and 2 had performed the marriages of their
sons and daughters. The plaintiff no.1 has retired as Grade-A line
men of Odisha State Electricity Board from Berhampur Office. He
has not inherited any property from his father. The plaintiff no.1 had
acquired all the properties out of his own income, except one
house. The plaintiff no.2 has acquired said house which is situated
at Ram Nagar 8th line and is adjacent to the south western side of
the house of her husband i.e. the plaintiff no.1. The plaintiff no.1 &
2 decided to have an amicable settlement of their properties and in
that connection, they sat together along with their sons and
daughters and decided that the properties should be divided
among his sons. Since the plaintiff no.5 to 7 and defendant no.2
have been married and they had been given sufficient presents,
they consented to not to take any property and accepted the oral
settlement and arrangement of the properties. So, the plaintiffs and

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defendants on mutual consent divided the properties by allotting
the same in favour of plaintiff no.3, plaintiff no. 4 and the defendant
no.1 and they took possession of their respective allotted shares as
described in the family settlement list. The Schedule-A property has
been allotted towards the share of defendant no.1, the Schedule-B
and Schedule- C property have been allotted towards the share of
plaintiff no.3 and 4, respectively. The plaintiff no.1 and 2 have not
kept any property in their names having full faith and confidence
with their younger two sons i.e. the plaintiff no.3 and 4. They are
satisfied with their care and hospitality and will remain with their two
sons till their death. The plaintiff no.1 was getting pension, which he
exclusively spent for his medical expenses including the sundry
expenses of his wife, the plaintiff no.2. As per the said oral partition,
the plaintiff no.3 & 4 and defendant no.1 are separately enjoying
their respective shares without any reference to others. The plaintiff
no.5 to 7 and defendant no.2 are married and happily enjoying their
family lives with their husbands. Though practical allotment of
shares have been effected, but the parties have not kept anything
in writing. By the intervention of Bhadraloks and on their request
and to avoid future complications and purpose of recording, the
plaintiffs and defendants executed a settlement list on 18.10.13 in
consonance with the practical division and allotment and
arrangement of the properties in token of their consent and they
have put their signatures on the said family settlement.

The defendant no.1 has sold the item no.3 & 4 of his allotted
property as described in Schedule A of the family settlement list to
Durga Charan Choudhury of Gosaninuagaon of Berhampur Town.
The item no.1 of the Schedule B property of the family settlement
list originally belonged to one Ketaki Padhiani. She and her three
minor sons, sold the said item to Nakini @ Lakini Sarathi Patra and
Nakini @ Lakini Tumbanath Patra under a registered sale deed
bearing document no. 4233/1936 on 26.09.36. One of the
purchasers, Nakini @ Lakini Tumbanath Patra died unmarried.
Hence, the other purchaser Nakini @ Lakini Sarathi Patra and his
minor son, Nakini @ Lakini Sima Patra, sold the said land to Nakini

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@ Lakini Tumbanath Patra, S/o- Late Nakini @ Lakini Chandra
Patra under a registered sale deed bearing document no. 139/41
dtd. 16.04.41. After the death of Nakini @ Lakini Tumbanath Patra,
his wife Lakini Kundanalu and son Lakini Balaraju Patra had sold
the said land under a registered sale deed bearing document no.
751 of 1994 on 23.02.94 to plaintiff no.1. Though, the parties have
enjoying their respective shares, the ror is not being prepared by
the revenue authorities. The plaintiffs are always remaining in
apprehension that the defendants may deprive the plaintiff no.3 and
4 from enjoying their allotted shares. Hence, this suit has been filed
for declaration that the oral partition effected on 01.10.13, which
was subsequently recorded by way of family settlement list on
18.10.13 is valid and binding on the parties.

The cause of action of the suit arose on 01.10.13 when the

oral partition was effected, on 18.10.13 when the family settlement
list was prepared and subsequently, on 01.04.18, when the
plaintiffs apprehended foul play of the defendants and the cause of
action arose at Berhampur, where the properties are situated and
the parties reside.

3. The defendants no. 1 & 2 have averred in their written

statement that the plaintiff no.1 being the erstwhile karta of the then
joint family, had called the gentries and in their presence, the joint
family property and the properties purchased by each of the said
joint family members were put into common hotchpot and
partitioned orally. From the date of said oral partition, the said
partition was acted upon and the defendant no.1 has sold item no.3
and 4 of Schedule A property of the family settlement list dtd.
18.10.13. The defendant no.2 had never claimed any share and
she respected the oral partition effected by her father and gentries.
The defendants have no claim over the properties allotted towards
the share of the plaintiffs. The defendant no.1 for legal necessity of
his family had sold his allotted lands.

4. In view of the pleadings of both the parties, the following

issues have been settled of proper adjudication of the suit:-

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 i. Whether the suit is maintainable?
ii. Whether the plaintiffs have got any cause of action to file this
suit?
iii. Whether the plaintiffs are entitled to the relief of declaration
that the family settlement list dtd. 18.10.13 is valid and binding
on the parties?
iv. To what other reliefs(s) the plaintiffs are entitled for?

5. Plaintiffs in order to prove their case, have examined the

plaintiff no. 4 viz. Appana Patro as P.W. 1., the plaintiff no. 2 viz.
Lakini Ajarama Patro as P.W. 2 and two suit villagers who are also
witnesses to the family settlement deed i.e. S. Ram Chandra Patro
as P.W. 3 and Sibaram Patro as P.W. 4. Apart from oral evidence
the plaintiffs have adduced documentary evidence which have
been marked as Ext. 1 to 24. On the other hand, the defendant no.
1 has examined himself as D.W.1 but has not adduced any
documentary evidence, rather has proved his signatures on Ext. 21
as Ext. A-A/6.
FINDINGS

6. Issue No. iii-

The above issue being vital is taken up first for discussion.
The plaintiffs have filed the suit for declaration that the family
settlement list dtd. 18.10.13 is valid and binding on the parties.
On analysis of the pleadings of both the parties, it is
forthcoming that the plaintiff no. 1 has died on 06.12.18. He had
purchase various properties during his lifetime. Similarly, his wife,
who is alive and is the plaintiff no. 2, had purchased a property. On
analysis of evidence of P.W. 1 it is forthcoming that he has stated
during this cross-examination that all the parties are possessing
their share of properties as mentioned in the family settlement list.
P.W. 1 has proved his signatures on the family settlement list ( Ext.
21) as Ext. 21/a-21/j. Similarly, P.W. 2 has supported the case of
the plaintiffs and the family settlement list has been prepared with
the consent of all the parties and all the parties are possessing their
share as mentioned in the family settlement list and she has put her
LTI on the family settlement list. The attesting witnesses to the

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family settlement list i.e. P.W.3 & P.W. 4 have also supported the
case of the plaintiffs and have stated that they were present during
the execution of the family settlement list and have put their
signatures. They have proved their signatures on the family
settlement list as Ext. 21/k & 21/l respectively. Similarly, the
defendant no.1 who has been examined as D.W. 1 has also stated
that on the date of execution of the family settlement list all his
siblings and village gentlemen were present. All his siblings had
given their consent to the family settlement list and there is no
disturbance between them owing to the family settlement list. He
has proved his signatures on the family settlement list as Ext. A-
A/6.
The family settlement list dtd. 18.10.13 has been filed by the
plaintiffs and it has been marked as Ext. 21. It consists of three
schedules i.e. A, B & C. The “A” schedule property has been
allotted to the defendant no.1 and it consists of cultivable land
pertaining to hal plot no. 1239 Ac.0.570 dec. (as per actual
measurement it comes to Ac.0.650 dec.) in khata no. 767/25,
cultivable land pertaining to hal plot no. 1236 measuring Ac.0.360
dec. in khata no. 767/554 and plot no. 1239 measuring Ac.0.080
dec. in khata no. 799, cultivable land pertaining to hal plot no. 1235
measuring Ac.0.200 dec. in khata no. 767/556, cultivable land
pertaining to hal plot no. 1237 measuring Ac.0.225 dec. in khata no.
767/556 and hal plot no. 1239/3094 measuring Ac.0.310 dec. in
khata no. 767/556.
The “B” schedule property has been allotted to the plaintiff
no. 3 and it consists of:
i. a two storied building situated on the southern row of Ram
Nagar, 8th line, Lanjipalli of Subashpur Mouza and appertains to hal
plot no.248/727 in khata no. 264/38 (now in khata no. 264/256)
measuring Ac.0.011 dec. with boundaries,
ii. a tin sheet house situated on the western row of Ram Nagar,
8th line, Lanjipalli of Subashpur Mouza appertaining to Municipal
assessement no. 16533/B of ward no. 25 of Electricity Consumer

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Serial no. 1-G-52/19, which measures 6'9'' in width from north to
south and 37'6'' in length from east to west with boundaries,
iii. 50% share over two storied shopping complex consisting of
five shops in each floor situated on the western row of Mahalaxmi
Nagar, Lanjipalli of Sundararajpur Mouza in Berhampur Tahasil,
Town and Municipal Corporation in Ganjam District appertaining to
hal plot no. 953 in khata no. 161/764 measuring Ac.0.093 dec.,
which relates to Municipal Assessment no. 19215 of ward no. 25,
with boundaries,
iv. 50% share over a two storied shop house situated on the
western row of Jail Road, Lanjipalli of Subashpur Mouza in
Berhampur Tahasil, Town and Municipal Corporation in Ganjam
District pertaining to hal plot no. 250/951 in khata no. 264/360
measuring Ac.0.028 dec., which relates to Municipal Assessment
no. 17957 of ward no. 25, Electricity Consumer Serial no. 1-G-
52/25, new Account no. 341402070028, with boundaries,
v. 50% share over cultivable land in Jagadalpur mouza
appertaining to hal plot no. 1339/3591 measuring Ac.1.130 dec. in
Khata no. 767/567,with boundaries, and
vi. 50% share over cultivable land in Jagadalpur mouza
appertaining to hal plot no. 1340/2258 measuring Ac.0.100
decimals in khata no. 767/567 with boundaries.
The “C” schedule property has been allotted to the plaintiff
no. 4 and it consists of:
i. a two storied building situated on the southern row of Ram
Nagar, 8th line, Lanjipalli of Subashpur Mouza in Berhampur
Tahasil, appertaining to hal plot no.245/725 in khata no. 264/33
measuring Ac.0.015 dec., Municipal Assessment no. 16069 of ward
no.25, Electricity Consumer Serial no. B-2-312, with boundaries.
ii. a part of two storied building situated on the southern row of
Ram Nagar, 8th line, Lanjipalli of Subashpur Mouza in Berhampur
Tahasil, appertaining to hal plot no.245/728 in khata no. 264/33
measuring Ac.0.009 dec. with boundaries,
iii. 50% share over a two storied shopping complex consisting
of five shops in each floor situated on the western row of

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Mahalaxmi Nagar, Lanjipalli of Sundararajpur Mouza in Berhampur
Tahasil, appertaining to hal plot no. 953 in khata no. 161/764
measuring Ac.0.093 dec., Municipal Assessment no. 19215 of ward
no. 25, with boundaries,
iv. 50% share over two storied shop house situated on the
western row of Jail Road, Lanjipalli of Subashpur Mouza in
Berhampur Tahasil, appertaining to hal plot no. 250/951 in khata
no. 264/360 measuring Ac.0.028 dec., Municipal Assessment no.
17957 of ward no. 25, installed with Electricity Consumer Serial no.
1-G-52/25, new Account no. 341402070028, with boundaries,
v. 50% share over cultivable land situated in Jagadalpur
mouza appertaining to hal plot no. 1339/3591 measuring Ac.1.130
dec. in Khata no. 767/567 with boundaries, and
vi. 50% share over cultivable land situated in Jagadalpur
mouza appertaining to hal plot no. 1340/2258 measuring Ac.0.100
decimals in khata no. 767/567 with boundaries.
The plaintiffs have filed the following RORs:
i. Original ROR bearing khata no. 767/554 plot no. 1236
Ac.0.360 dec. of mouza Jagadalpur which has been marked as
Ext.4 and it stands recorded in the name of Lakini Narayan Patro,
ii. Original ROR bearing khata no. 161/764 plot no. 953
Ac.0.093 dec. of mouza Sundarrajpur which has been marked as
Ext.9 and it stands recorded in the name of Lakini Narayan Patro,
iii. Certified copy of ROR bearing khata no. 264/360 plot no.
250/951 Ac. 0.028 dec. of mouza Subaspur which has been
marked as Ext.12 and it stands recorded in the name of Lakini
Narayan Patro,
iv. Original ROR bearing khata no. 767/567 plot no. 1339/3591
Ac.1.130 dec. and plot no. 1340/2258 Ac.0.100 dec. of mouza
Jagdalpur which has been marked as Ext.16 and it stands recorded
in the name of Lakini Narayan Patro,
v. Certified copy of ROR bearing khata no. 264/33 plot no.
245/728 Ac.0.009 dec. and plot no. 245/725 Ac.0.15 dec. of mouza

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Subaspur which has been marked as Ext.18 and it stands recorded
in the name of Lakini Ajrammu.
The plaintiffs have filed the certified copy of ROR bearing
khata no. 264/256 plot no. 248/727 Ac.0.011 dec of mouza
Subaspur which has been marked as Ext.6 and it stands recorded
in the name of Bamudi Krushnachandra Patro & Bamudi
Ramchandra Patro. The plaintiffs have filed the certified copy of
judgement and decree in CS 92/16 in the Court of C.J.J.D.
Berhampur which has been marked as Ext. 24. It reveals that the
right, title, interest of Lakini Narayan Patro has been declared over
plot no. 248/727.

The plaintiffs have filed the following registered sale deeds:

i. Original registered sale deed no. 751/94 dtd. 23.02.94 (Ext.
1) executed by L. Kundanalu in favour L. Narayan Patro for khata
no. 767/25 plot no. 1239 Ac.0.570 dec.
ii. Original registered sale deed no. 1218/97 dtd. 11.03.97 (Ext.
3) executed by S. Kamalamma in favour L. Narayan Patro for khata
no. 351 plot no. 1236 Ac.0.360 dec. and khata no. 799 plot no.
1239 Ac.0.080 dec.
iii. Original registered sale deed no. 1863/74 dtd. 10.06.74 (Ext.
8) executed by Pradeep Kumar Singsdeo in favour L. Narayan
Patro for survey no. 287 Ac.0.09 cent from Ac.1.38 cent,
iv. Original registered sale deed no. 975/99 dtd. 16.03.99 (Ext.
15) executed by Subash Chandra Padhi in favour L. Narayan Patro
for khata no. 729 plot no. 1339 Ac.1.130 dec., Khata no. 731 plot
no. 1340 Ac.0.120 dec.
v. Original registered sale deed no. 3369/75 dtd. 05.12.75 (Ext.
17) executed by Tarabanamali Reddy in favour L. Ajrammu for two
houses measuring 6 x 35 cubits and 4 x 25 cubits situated at ward
no. 25 of village Lanjipalli
vi. Original registered sale deed no. 3202/88 dtd. 20.07.88 (Ext.
22) executed by K. Venketeswari in favour L. Narayana Patro for a
house measuring 6'9'' x 30' situated at ward no. 25 of village
Lanjipalli.

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 Hence, the above documents show that the properties
mentioned in the family settlement list were the self acquired
properties of plaintiff no. 1 & 2. Therefore, the plaintiff no. 1 & 2
were capable of disposing those properties as per their wish during
their lifetime. From the pleadings and the evidence adduced by
both the parties it is forthcoming that the settlement has been
arrived in between the parties with consent of all during the lifetime
of plaintiff no. 1 and therefore the family settlement list in respect of
those properties is valid and binding to all the parties of that
settlement list.
Hence, this issue is answered in favour of the plaintiffs.
7. Issues No. i, ii & iv-
In the foregoing issues it has been held that the family
settlement list is valid and binding on the parties. Hence, the suit is
maintainable and the plaintiffs have got cause of action to bring the
suit but the plaintiffs are not entitled to any other reliefs.
Hence, ordered.
ORDER
The suit is decreed on contest against defendants. The fam-
ily settlement list dtd. 18.10.13 is valid and binding on the parties.

Advocate’s fees on contested scale.

Civil Judge (J.D.), Berhampur

The judgment has been prepared by me in my office laptop,
corrected by me and pronounced in the open Court today i.e., on
the 29th day of March 2019 under my signature and seal of this
Court.
Civil Judge (J.D.), Berhampur
List of Witness examined on behalf of the Plaintiffs:
P.W.1 Appana Patra
P.W.2 Lakini Ajarama Patra
P.W.3 S. Ramchandra Patra
P.W.4 Sibram Patra
List of Witness examined on behalf of the Defendants:
D.W.1 Gouri Sankar Patra

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List of Exhibits marked on behalf of the Plaintiffs:
Ext.1 Original registered sale deed no. 751/94 dtd. 23.02.94
Ext.2 Original cist receipt dtd. 08.02.07 of khata no. 767/25
Ext.3 Original registered sale deed no. 1218/97
Ext.4 Original ROR bearing khata no. 767/554
Ext.5 Cist receipt of khata no. 767/554 and 767/567
Ext.6 Certified copy of ROR bearing khata no. 264/256
Ext.7 Municipality Tax receipt of assessment no. 16533/B
Ext.8 Original registered sale deed no. 1863 dtd.10.06.74
Ext.9 Original ROR bearing khata no. 161/764
Ext.10 Original cist receipt dtd. 03.06.17 of khata no.161/764
Ext.11 Original notice bearing no. 1362 of assessment no.
19215
Ext.12 Certified copy of ROR bearing khata no. 264/360
Ext.13 Original cist receipt dtd. 03.06.17 of khata no.264/360
Ext.14 Original Municipality Tax receipt of assessment
no.17957
Ext.15 Original registered sale deed no. 975/99 dtd. 16.03.99
Ext.16 Original ROR bearing khata no. 767/567
Ext.17 Original registered sale deed no. 3369 dtd.05.12.75
Ext.18 Certified copy of ROR bearing khata no. 264/33
Ext.19 Original cist receipt dtd. 24.04.18 of khata no. 264/33
Ext.20 Original Municipality Tax receipt of assessment no.
16069
Ext.21 Original Family Settlement list dtd. 18.10.13
Ext.21/a-21/j Signature of P.W.1 on Ext. 21
Ext.21/k Signature of P.W.3 on Ext. 21
Ext.21/l Signature of P.W.4 on Ext. 21
Ext.22 Original registered sale deed no. 3202 dtd. 20.07.88
Ext.23 Original Municipality Tax receipt of assessment no.
19215
Ext.24 Certified copy of judgment and decree in CS 92/16
in the Court of C.J.J.D. Berhampur
List of Exhibits marked on behalf of the Defendants:
Ext. A -A/6 Signatures of D.W. 1 on Ext. 21

Civil Judge(J.D.), Berhampur

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