SARAT Vs. CHAMPABATI PATTNAIK

JUDGEMENT

(1.) The Appellant, by filing this Appeal under Sec. 100 of the Code of Civil Procedure (for short, 'the Code'), has assailed the judgment and decree dtd. 3/12/2011 and 17/12/2011 respectively passed by the learned Additional District Judge, Baripada in R.F.A. No.19/63 of 2011-10 confirming the judgment and decree dtd. 6/9/2010 and 18/9/2010 respectively passed by the learned Civil Judge, Senior Division, Baripada in T.S. No.192 of 1994.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.

(3.) The Respondent, as the Plaintiff, had filed the suit for declaration of her title over the land measuring Ac.1.13 decimals situated in Mouza- Nalagaja under Hal Khata No.11 assigned with plot no.638 better described in Schedule-A of the plaint. It is her case that one Umakanta was the original owner of the suit land. He had other landed properties too. Umakanta died leaving behind his wife Kumudini and a daughter Sailabala. It is further stated that during the lifetime of Umakanta, in an amicable partition, he had given major portion of his landed properties to his daughter Sailabala keeping the suit property with other properties in his share and he was possessing the same peacefully till his death. The suit land with other landed properties, which Umakanata kept for himself, has been subsequently inherited by his widow Kumudini, who was possessing the same peacefully without any interference from any quarter.