JALADHAR SAMAL Vs. MALATI DEI

JUDGEMENT

(1.) DEFENDANTS 1 and 2 are in appeal against a confirming judgment of the learned Subordinate Judge, Jajpur in a suit for title and possession.

(2.) THE disputed property admittedly belonged to one Balakrushna whose wife was Hema. THE plaintiffs claimed title to the disputed property on the basis of a sale deed taken in the name of plaintiff No. 1 from one Radha Dei (defendant No. 4) on 19/1/1960 (Ext. 2). Radha in her turn had purchased the said property from one Jagannath (defendent No. 3) by a registered sale deed dated 20-6-1959 (Ext. 5). Jagannath, defendant No. 3, is the son of Malati. Malati claims to be the sole daughter of Hema. After Balakrushna, Hema had made a gift of the property in favour of Malati on 23/9/1936 (Ext. 1).