MAHESWAR PARIDA Vs. MAIANA BEWA

JUDGEMENT

(1.) THIS is an appeal by the plaintiff No. 2 against the judgment and decree of the Subordinate Judge of Puri, dismissing the suit of the plaintiffs for declaration of title and recovery of possession. The following genealogical tree is necessary to appreciate the claims of the parties.

(2.) THE original plaintiffs in the suit were Ratnakar, Plaintiff No. 1 and Maheswar (Plaintiff No. 2). THE disputed properties originally belonged to Dharmu who left a son named Prabhakar. Plaintiff No. 1 Maheswar claimed to be the adopted son of Prabhakar. THE main defendants were Navana (defendant No. 1) widow of Madhu, brother of Dharmu and Gadadhar (defendant No. 2) who is the daughter's son of Madhaba another brother of Dharmu, but who claimed to have been adopted by Madhaba. His natural mother is Chitra (defendant No. 3). THE other co-sharers were included as there was a prayer for partition of the joint property. THE appellant's right to sue depends on his success in establishing that he was the validly adopted son of Prabhakar.