HARAPRASAD DAS Vs. JAGAMOHAN DAS

JUDGEMENT

(1.) THE plaintiffs are in appeal against the affirming decree of the learned District Judge of Puri arising out of a suit for partition. THEy sued for the relief of Partition claiming 3/5ths of the disputed property. THE genealogy given in the trial Court's judgment is extracted for convenience. (See Genealogy below) : THE plaintiffs alleged that Ma'dhab had been adopted out to a stranger Gadadhar and thus lost his family tie with Balabhadra. Madhab acquired substantial properties, but died when Jasamohan was young. Jagamohan and the defendant No. 2 were looked after in Balabhadra's family and it is the plaintiff's allegation that though they had no connection with each other the defendants prevailed upon Jagamohan to enter into a family arrangement in 1954 (Ext. C-1) by which out of the 45 acres of land which Jagamohan owned 36 acres were taken away and only 3 acres out of the property belonging to Balabhadra's family was given to Jagamohan. THEre was no consideration for surrendering 36 acres of land and the arrangement was a void one. It was further claimed that there had been certain alienations made by the defendant No. 2 in favour of others. THE defendant No. 2 being a pre-1937 Act widow had no right of alienation. Accordingly those sales are void and conveyed no title.

(2.) THE defendants in their written statement disputed the claim of adoption of the defendant No. 1 by Madhab. It was alleged that the defendant No. 2 had the authority to adopt given by her husband, but the defendant No. 1 was not taken in adoption. Gadadhar was poor and Madhab had no assets. Madhab, therefore, came and lived in the family of Balabhadra for support. THE members of Balabhadra's family were the landlords. THEy acquired all the properties in the name of Madhab and Jagamohan with a view to avoiding merger of tenant's rights acquired by them since they were the landlords. THEre were many disputes which were resolved by the family settlement. THE alienations by the defendant No. 2 were claimed to be valid and in accordance with law.