JYOTIRMAY PANI Vs. STATE OF ORISSA & ORS.

JUDGEMENT

(1.) APPELLANT has preferred this appeal against the judgment dated 9.8.1994 and decree dated 23.8.1994 passed in T.A. No. 4/93 by the First Appellate Court thereby confirming the judgment dated 6.11.1992 and decree dated 11.11.1992 of the Second Subordinate Judge, Cuttack.

(2.) PLAINTIFF (appellant herein) filed a suit through his natural mother, Jyostsnamayee Mohapatra against the State (respondents herein) i.e. defendant No. 1 to 3 and his adoptive father Jogendranath Pani (defendant no. 4) since deceased seeking following reliefs:

(3.) IN the garb of lease deed, a gift deed was executed on behest of Ashalata Das, sister -in -law of Jagannath Pani in favour of defendant no. 1 to 3 for running a Homeopathic dispensary. Natural mother of the plaintiff later on came to know of the fact that instead of lease deed, a gift deed dated 18.2.1981 was executed by defendant no. 4 when, she obtained a certified copy of the said document. Alleging that the gift deed dated 18.2.1981 is a sham and fraudulent document, the suit was filed.