PRIYANATH MOHANTY Vs. INDUMATI BEWA

JUDGEMENT

(1.) THE defendant is in appeal against a reversing judgment of the learned First Additional Subordinate Judge, Cuttack, in a suit for declaration that the defendant is not the adopted son of the plaintiff's husband and has thus no right, title or interest in the disputed property described in the Kha Schedule.

(2.) JAGANNATH, Balabhadra and Padma Charan were three brothers and belonged to a joint family. The plaintiff happens to be the widow of Padma Charan. On the death of Padma Charan, JAGANNATH was looking after the family properties as Karta. The defendant is the sister's son of the plaintiff's husband Padma Charan. He had never been taken in adoption by Padma Charan or the plaintiff. After Padma Charan's death there were some disputes and the defendant came to the plaintiff and persuaded her to execute a power-of-attorney so that the defendant would support the plaintiff and the plaintiff would not be harassed by her husband's brothers. The plaintiff is a pardanashin illiterate lady and having implicit faith in the defendant put signatures to a document without knowing its contents. Later on the plaintiff came to learn that it was a document acknowledging the adoption of the defendant and on the strength of the said document the defendant claimed himself to be the adopted son. The plaintiff had thus been obliged to bring the suit.