BANSIDHAR RANA Vs. MINATI BEWA

JUDGEMENT

(1.) PETITION has been filed by the appellants under Section 4(4) of Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972, which has been numbered as Misc. Case No. 46 of 2000. The other two Misc. Cases filed by the parties seek for interim directions.

(2.) THE defendants have filed this appeal. Plaintiff -respondent had filed the suit for declaration of title in respect of homestead Plot No. 1949 measuring Ac.0.16 decimals on the allegation that on the death of plaintiff's uncle, Banchhu, in the year 1988 in jointness with plaintiff's father, the property devolved on the plaintiff's father by survivorship. It was claimed that defendant No. 2 was not the widow of Banchhu and even assuming that she was his widow, she had illegally sold half of the disputed land to defendant No.3 Subsequently, she had married one Ratnakar Rana and defendant No. 1 is her son through Ratnakar Rana. Defendant No.3 subsequently sold the specified half of the disputed property along with other lands to defendant No. l in the year 1978. It was alleged that the sale deeds of the years 1934 and 1978 were not binding on the plaintiff and he is entitled to the entire disputed property.

(3.) IT was found by the trial Court that defendant No. 2 was the legally married wife of Banchhu and there was no separation between Banchhu and his brother and as such, the alienation of defendant No. 2 was void. However, plaintiff's title in respect of half of the disputed property not covered under Ext. A was declared and the suit was dismissed in respect of half of the disputed property covered under Ext. A on the ground that defendant No. l had acquired right by adverse possession.