defendant, the plaintiff got his name included as one of the recorded tenants in respect of the suit land and that is completely without the knowledge and consent of the original defendant and behind his back. It is said that the plaintiff has no right, title, interest and possession over the suit land, which are the absolute property of original defendant, who was in exclusive possession of the same having been acquired by him after partition with the plaintiff. It is also stated that there has been prior partition between the plaintiff and the original defendant and as such they have been in separate mess and estate. It is stated that the original defendant no.1 had purchased the land under plot no.979 measuring Ac.0.490 dec. of land under Khata No.18 at village-Asurgarh from one Harihar Barik for a consideration of Rs.3300/- out of his own income under registered sale deed dated 24.02.1982 and since then he is in possession of the same as its absolute owner. It is next stated that by registered sale deed dated 16.05.1981, the defendant had purchased the land under Plot No.448, Khata No.13 from Bhubaneswar Barik for a consideration of Rs.2500/- and since then he is also in possession of the same on his own right as its owner. So it is said that the above two plots are not at all liable to be partitioned and the plaintiff has no share over the same. In order to non-suit the plaintiff, further stand has been taken that in view of the provision of section 34 of the Orissa Consolidation of Holdings & Prevention of Fragmentation of Land Act, 1972, the suit as laid is not maintainable.
