ANIRUDHA PADHAN Vs. CHHAI PADHAN

JUDGEMENT

(1.) The second appeal is by defendant No. 3 against a decree of affirmance. The suit was for partition on adjudication that the three plaintiffs and defendants 1 and 2 are entitled to one-fifth share each and for delivery of possession of the properties allotted to each.

(2.) The lands in suit originally belonged to one Khadia Padhan who died in 1958 leaving behind him five daughters named Apurba, Chhai, Subhadra, Sundarmani and Bhama. Apurba is dead and her son is Ghasia (defendant No. 1). Chhai, Sundarmani and Bhama are plaintiffs 1, 2 and 3 respectively. Subhadra is defendant No. 2 and her son is Anirudha (defendant No. 3). The plaintiffs' case was that they were in joint possession of the suit lands along with defendant No. 2 till the year 1962 when a dispute arose between the parties as defendant No. 3 falsely claimed himself to be the adopted son of Khadia Padhan. A proceeding under Section145, Cr. P. C. was started and it terminated on 4-1-1965, in favour of defendant No. 3. Since then the defendant No. 3 possessed the suit lands after evicting the plaintiffs therefrom. Hence the plaintiffs filed the suit on 26-7-1965 for the aforesaid reliefs.

(3.) Defendant No. 3 was the only contestant in the suit. His defence was that he had been duly adopted as a son by Khadia Padban in the year 1943. Alternatively he claimed to have acquired title to the suit lands by adverse possession.