DHARMU BHARATI Vs. BULI DEI

JUDGEMENT

(1.) THIS is a plaintiffs' appeal against the confirming judgment of the Subordinate judge of Puri in a suit for declaration of title and Recovery of possession in respect of A 2. 551/2 of land, mentioned in Schedule Ka of the plaint.

(2.) DANEI, father of plaintiffs 1 to 4 is a seaparated brother of Bhima who died in the year 1919 leaving his widow Suna. It is the plaintiffs' case that Suna remarried sometime in 1920 or 1921 to one Bisi who also died two years after the marriage. After Bisi's death Suna remained as concubine of one Ananta Bharati and defendant No. 1 Buli Dei is the daughter of said Ananta Bharati through Suna. In 1927 Suna executed a deed of gift in respect of the suit property in favour of defendant No. 1. On 10-3-1953, defendant No. 1 executed a sale-deed (Ext. 8) in favour of defendant No. 4 in respect of Ka schedule property of the plaint. Suna died in the year 1953 and the suit was filed in the year 1954 as the defendants threatened to dispossess the plaintiffs out of the suit land.

(3.) DEFENDANT 1 and her husband Defendant 2 only contested the suit. Their case was that defendant 1 is the daughter of Bhima Bharati and not of Ananta Bharati. They also contended that though Suna inherited the suit property as the-widow of bhima yet she continued to remain in possession even after her re-marriage with bisi, and her possession being that of an independent owner, was adverse to that of Danei and his sons, the present plaintiffs. They also claimed that the plaintiffs were never in possession of the suit lands within twelve years prior to the institution of the suit and had no manner of right of title to the suit property and as such the suit must fail. They contended inter alia that the deed of gift executed by Suna and the sale deed by defendant No. 1 were valid transactions and were binding on the plaintiffs.