GIRISH CHANDRA PADHAN Vs. AMRIT BEWA AND ANR.

JUDGEMENT

(1.) DEFENDANT No. 1 in Title Suit No. 93/14 of 1972/74 in the Court of the Additional Second Munsif, Cuttack, has preferred this appeal against the judgment of the Court below confirming the decision of the trial Court.

(2.) THE suit, as stated in the prayer in the plaint, is for declaration "that Defendant No. 1 is not the son or the adopted son of Bhajani Pradhan or his widow (the Plaintiff) holding that the settlement entries made in Hal Khata Nos. 8 and 11 at rent stage as well as in the finally published record -of -rights on 18 -3 -1974 showing the name of Defendant No. 1 as the son of Bhajani Pradhan and showing his interest as four annas therein are wrong without any basis and are fraudulent."

(3.) BOTH the Courts below have decreed the Plaintiff's suit on the findings that Defendant No. 1 has failed to prove that he was the adopted son of Bhajani, the husband of the Plaintiff, and that the suit is not barred by limitation.