PRAKASH CHANDRA JENA Vs. ANAMA JENA

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 passed by the learned Additional District Judge, Bhubaneswar in R.F.A. No.80/23/55 of 2013/06.

(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 Plaintiff's case is that he is the son of one Dhadu Jena. He had been given in adoption to Kandha Jena on the 21stday of his birth, i.e., 31/4/1942 through giving and taking ceremony followed by necessary functions as per the Hindu rites and their caste customs. It is stated that since the date of his adoption, he being taken by Kandha Jena, remained with him as his son. He, therefore, has sought for a partition seeking entitlement of his share as the son of Kandha Jena. It is stated that one Panu Jena had three sons, namely, Nanda, Kantha and Kandha. Dhadi Jena is the son of Nanda Jena and Indramani (Defendant No.2) is the son of Kantha Jena. Kandha is said to have died leaving behind his widow Hadi Bewa (Defendant No.1) (Since Dead) and this Plaintiff. It is stated that since the time of adoption, not only that he remained with Kandha as his son, but it was known to everyone that he is the son of Kandha, who admitted him in the Ram Krushna Mission School at Bhubaneswar and he also remained in possession of the joint family properties of Kandha as described in Schedule-B to E of the plaint. Kandha died in the year 1979. The suit land, however, stood recorded in the name of Kandha with Indramani (Defendant No.2), Rajendra, son of Dhadu Jena (since dead), Dhruba son of Nakula and Bala (Defendant No.5). it is further stated that after the death of Kandha, the Defendant No.1, the wife of Kandha being instigated by Defendant No.2., has created trouble in the peaceful possession of the Plaintiff over the suit land. So, he requested Defendant No.2 for partition and allotment of his share from out of the suit land. When they refused, the suit has been filed.