NARAYAN SAHU Vs. BABU SAHU AND ORS.

JUDGEMENT

(1.) THIS appeal is by Defendant -1 directed against the decision of Sri L.N. Samant, Additional Subordinate Judge of Berhampur reversing a decision of the Munsif of Berhampur dated 17 -1 -1959. The facts of the case are follows:

(2.) BHIMA Sahu Defendant -2 is the brother of Arjun the natural father of Defendant -1 Narayana Defendant was staying from his childhood with Bhima and, claimed to be his adopt son. Bhima first married China who though he lived for a considerable long time did not beget any child. Thereafter he married a second wife who he ultimately divorced. He married for a third time Sita whose sons are Plaintiffs 1 and 2. On 19 -4 -1950 Bhima executed and registered a deed of gift (Ext. 1) in favour of Defendant - conveying thereby about six Bharanams of Agricultural lands and the residential house which is the subject matter of the dispute He, however, on 8 -7 -1950 cancelled the said deed of gift under pressure of his third wife Sita, though Defendant -1 has already possessed the lands on the strength of the gift deed. On 13 -12 -1962 the present suit was filed by Babu and Raghunath Sahu two minor sons of Bhima Sahu aged about five and one and half years respectively through their mother guardian Sita for recovery of possession of the suit lands after evicting Defendant -1 therefrom. Plaintiffs case is that this gift deed Ext.1 was executed by Defendant -2 under the evil influence of Defendant 1 and though the document has been cancelled by Defendant 2, Defendant 1 still continued to possess the property as a trespasser and as such was liable to be evicted.

(3.) DEFENDANT -1 contested the suit on the ground that he was brought in adoption by Defendant -2 during the lifetime of his first wife and is entitled to a share in the property. Long after this adoption, Defendant -2 married the Plaintiff 's mother in 1948. Thereafter quarrel ensued between him and his stepmother as the latter did not want Defendant -1 to live jointly with them. At the intervention of respectable people, Defendant -2 settled the suit property with him by the deed of gift, Ext. 1, and though the document is named as a deed of gift, it is practically a deed of settlement. After execution of Ext. 1 he has been in possession of the suit -property, though under the undue influence of Sita Defendant -2, he subsequently cancelled it.