KANGALI SWAIN Vs. DINABANDHU ROUT

JUDGEMENT

(1.) NABA Dibya, widow of Jagu Pani transferred to the plaintiff the entire interest in the disputed property under a registered sale deed dated 11-2-1956 (Ext. 2). The defendants 1 and 2 were transferees of the entire disputed properties from Bidyadhar defendant No. 6 under a registered sale deed dated 3-11-1956 (Ext. A). The defendant No. 6 claimed to be the adopted son of Jagu. While the status of the plaintiff's vendor is not in dispute, the adoption of the defendant No. 6 has been seriously challenged. Issue No. 4 in the suit was on the validity of adoption of the defendant No. 6 and Issues 5 and 6 related to the validity of the alienation under Ext. 2 as also its binding effect.

(2.) THE trial court found that the defendant No. 6 was the adopted son. Accordingly in the properties left by Jagu, the widow was found entitled to half while the adopted son was found entitled to the other half. THE alienation under Ext. 2 was upheld to the extent of a moiety share which corresponded to the share of the widow in the properties of Jagu.