RAGHUNATH MOHANTY Vs. JUTI DAI

JUDGEMENT

(1.) Plaintiff is the appellant in F.A. No. 159/84, whereas the connected FA. No. 195/84 has been filed by the defendant. The suit was filed for declaration of title and confirmation of possession, in the alternative, for recovery of possession. It was claimed that the plaintiff was the adopted son of one Sankar Mohanty and Labani Bewa and after the death of Sankar, Labani Bewa held executed a deed of gift in favour of the plaintiff, but-subsequently, the aforesaid Labani Bewa again alienated the property in favour of the defendant by two registered sale deeds dated 17.1.1977 and 21.4.1977. .

(2.) The defendant in her written statement denied about the alleged adoption and the deed of gift stating that the said deed of gift had not been validly executed.

(3.) On the aforesaid pleadings, the Trial Court had framed several Issues. The main issue under issue Nos.3 and 4 are as follows