SUBARNA MALLICK Vs. CHOUDHURY MALLICK

JUDGEMENT

(1.) The original 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. 15/11/2013 and 28/11/2013 respectively passed by the learned Additional District Judge, Bhadrak in R.F.A. No.314/13 (60/05).

(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.) Plaintiff is the daughter of Defendant No.3. The suit land originally stood recorded in the name of Gayadhar Mallik, who happens to be the husband of Defendant No.3 and father of the Plaintiff. Since Gayadhar died during progress by the Major Settlement Operation, the lands in suit erroneously came to be recorded in the name of Defendant No.3 alone instead of the Plaintiff and Defendant No.3. It is stated that the Plaintiff, with her husband, was residing at her parent's house with Defendant No.3 from the time of her marriage. In the year 1985, there arose some difficulties between the Plaintiff and Defendant No.3 for which the Defendant No.3 resided separately. It is alleged that thereafter Defendant No.3, being instigated by Defendant No.1 filed a suit bearing no.226 of 1985 against the Plaintiff stating that the Plaintiff is not her daughter and the recording of some land in Mouza-Ganjijanga both in the name of Defendant No.3 and Plaintiff is erroneous. The suit then ended with compromise where the Defendant No.3 admitted the status of the Plaintiff as her daughter wherein the Plaintiff too assured to maintain Defendant No.3 till her death.