MST. URMILA SAHU Vs. DAMBARU SWAIN AND ORS.

JUDGEMENT

(1.) PLAINTIFF is the Appellant in a suit for declaration of title and recovery of possession of the suit properties described in Schedules A and B of the plaint.

(2.) THE case of the Plaintiff is stated below : The suit properties originally belonged to Somenath who died leaving behind him two sons Sukru and Satyabadi. On the death of Sukru, his widow Ahalya remarried Satyabadi and Satyabadi possessed all the properties in suit. Plaintiff is the daughter of Satyabadi through his first wife Maya who had been driven out by Satyabadi when Plaintiff was an infant. Maya, after she was driven out by Satyabadi remarried another. Satyabadi died twenty years prior to the suit. On the death of Satyabadi, Ahalya possessed the suit properties till she died in 1965. On Ahalya 's death, Plaintiff succeeded to the suit properties left by Satyabadi. After Ahalya 's death, when the Plaintiff went to possess the suit properties, the Defendants prevented her on a false plea that Defendant No. 1 was the adopted son of Satyabadi and that Defendant No. 8 got a portion of the suit properties under a gift. The, deeds of gift and adoption set up by the Defendants ate forged ones. Further, Defendant No. 1 taking advantage of his relationship with Ahlya got some documents from her in favour of his (Defendant No. 1) wife (Defendant No. 4) and his (Defendant No. 1) minor sons (Defendant Nos. 5 and 6). Under these documents, an area of 13.74 acres of suit lands are alleged to have been sold by Ahalya to Defendant Nos. 4 to 6.

(3.) THE trial Court has found that the Plaintiff is the daughter of Satyabadi through his first wife, Maya. P.ws. 1 to 4 have supported the Plaintiff 's case on this point. D.ws. 2 and 7, have also admitted the Plaintiff to be the daughter of Satyabadi through a wife other than Ahalya. Learned Counsel for Defendants in the trial Court conceded as appears from the impugned judgment that Plaintiff is the daughter of Satyabadi. The Respondents before me also do not challenge the Plaintiff 's status as the daughter/of Satyabadi. Hence, I accept the finding of the trial Court that Plaintiff is the daughter of Satyabadi through his wife, Maya.