BHAGABAN SAHOO Vs. KRUSHNA @ KRUSHNA CHANDRA SAHOO

JUDGEMENT

(1.) Both the appeals have been directed against the common judgment dtd. 12/11/1999 of the learned Single Judge passed in F.A. Nos. 64 of 1996 and 183 of 1996.

(2.) The original Plaintiff is the deceased-appellant in both the present appeals. Defendant No. 6 was the appellant in F.A.No.64 of 1996 and Defendant No.2 was the appellant in F.A.No.183 of 1996. For convenience, the parties here-in-after are referred with their original status in the suit.

(3.) The Plaintiff filed Original Suit No. 40 of 1987 under Sec. 276 of the Indian Succession Act for probate of the Will dtd. 10/4/1960. The case of the Plaintiff is that, Harekrushna is the testator and he (Plaintiff) is the legatee in respect of the Will. Harekrushna has l/4th share in 'B' schedule property of the suit. He was a leper and died as a bachelor on 6/3/1962. Though Plaintiff is the natural brother of Harekrushna, but was adopted to the brother of their natural father. Similarly, Defendant No.2, who was the grandson of Banchhanidhi, another brother of natural father of Harekrushna and Plaintiff, has been adopted by Alekha belonging to another branch of the common ancestorBanamali. Since the genealogy has been mentioned in the suit as well as in the First Appeal, the same is not mentioned in detail here.