STATE OF ODISHA Vs. KOILI DEI

JUDGEMENT

(1.) The State of Odisha, by filing this Second Appeal under Sec. 100 of the Code of Civil Procedure (for short, 'the Code'), has assailed the judgment and decree dtd. 7/10/1996 and 3/11/1993 respectively passed by the learned Additional District Judge, Bhadrak, in Title Appeal No.3 of 1990.

(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 the suit land with other land belonged to her paternal grandfather and stood recorded in C.S. Khata No.66. Rambha Prasad Panda who is the father of the Plaintiff being the only son of Trilochan died during the childhood days of the Plaintiff. The Plaintiff, therefore, was brought up by her grandfather and given in marriage with one Janmejaya Kar, who began to reside in Plaintiff's paternal house as illatom son-in-law. It is stated that the grandfather of the Plaintiff executed a gift deed in respect of his immovable properties of the extent of an area of Ac.8.34 decimals in her favour on 1/1/1943 and the suit land is included therein. The Plaintiff accordingly possessed said gifted the land including the suit land since then.