GAYADHAR MOHANTY Vs. ABHIMANYU PATTANAIK

JUDGEMENT

(1.) THIS is a second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, 'the CPC').

(2.) THE relevant facts briefly are that respondent Nos. 1 and 2 filed O.S. No. 80 of 1978 1 in the Court of the learned Munsif, Bhadrak for declaration of title, confirmation of possession or in the alternative recovery of possession, and for permanent injunction in respect of the suit land measuring Ac. 0.12 decimals. In the said suit, seven defendants were impleaded and appellant Nos. 1 and 2 were impleaded as defendants 6 and 7. The case of the two plaintiffs in the said suit was that the suit land was originally part of the joint family properties recorded in the name of Madhu Sahu, Agani Sahu, Gangadhar Sahu, Naran Sahu, Dama Sahu and Madan Sahu. Madhu died leaving behind his son Mohan. Gangadhar died leaving behind his son Kabuli. The branches of the aforesaid joint family amicably partitioned the joint family properties and the share of the each branch in the joint family properties was 2 annas and 8 pahi. Thereafter Dama Sahu and Madan Sahu sold part of the suit land which fell to their shares to Rambha Dei by a registered sale deed dated 2.6.1915 for consideration paid by Rambha Dei out of her Stridhan and delivered possession of the suit land to Rambha Dei. By another registered sale deed dated 6.9.1915 other shareholders of Dama and Madan sold their shares of the joint family properties to Laxmimani Dei. Rambha Dei and Laxmimani Dei belong to the family of Kanhei Charan Mohanty alias Patnaik and the family genealogy of Kanhei Charan Mohanty as given in 'Ga' schedule genealogy of the plaint is as follows :

(3.) ON the basis of the aforesaid pleadings of the parties, the learned Munsif framed issues and took evidence, both oral and documentary, in the trial and decreed the suit by judgment and decree dated 13th of October, 1981. Aggrieved, the appellants filed Title Appeal No. 30 of 1981 1 in the Court of the learned Subordinate Judge, Bhadrak, but by judgment and decree dated 11.3.1986 the learned Subordinate Judge dismissed the appeal of the appellants on contest and with costs and confirmed the judgment and decree of the learned Munsif. Aggrieved, the appellants have filed this Second Appeal before this Court. On 16.7.1986 this Court framed the following substantial question of law :