ANGARA BHOIANI Vs. KANHEI MISRA

JUDGEMENT

(1.) The second appeal is by the defendants against a decree of affirmance passed by the learned Subordinate Judge of Bargarh in a suit for declaration of title to and recovery of possession of 4.60 acres of land described in Schedule 'B' of the plaint.

(2.) The plaintiff's case was that Lax-man Bag, the father of defendants 1 and 2, was an occupancy raiyat in respect of the suit land. He surrendered the same in favour of the village Gountia (P.W. 3) by an unregistered deed of surrender dated 22-8-1932 (Ext. 13) and on the same day Mohan Misra, the predecessor- in-interest of the plaintiffs, acquired the same by a registered deed of permanent lease (Ext. 11) granted by the Gountia. Two days prior to the surrender, i.e. on 20-8-1932 Laxman Bag had executed an unregistered sale deed (Ext. 12) in favour of Mohan Misra in satisfaction of a decretal debt outstanding against him. Plaintiff No. 1 is the son and plaintiff No. 2 is the widow of a predeceased son of the said Mohan Misra. Their contention was that after the death of Mohan Misra they inherited the suit land and wore in possession till 24-7-1963 when the defendants trespassed over the same.

(3.) Defendants 1 and 2, who are the daughters of the said Laxman Bag, filed a joint written statement. They claimed to have been in possession of the suit land and denied the plaint allegations about surrender and lease. They also made an allegation about vagueness of the description of the suit land in the plaint.