DILESWAR PATEL Vs. BINODINI PATEL

JUDGEMENT

(1.) The Second Appeal is by defendants 1 to 4 against a decree of reversal.

(2.) The suit was for a declaration of the plaintiff's title to and recovery of possession of the lands described in Schedule 'B' of the plaint and for recovery of mesne profits @ Rs. 800/-per annum from the date of her dispossession. The suit lands are bhogra lands. The plaintiff's case was that her father late Basudev gifted away the same in her favour by a registered deed of gift dated 8-10-1955 and she remained in possession from the date of gift. The gift was duly accepted by her and her name was recorded in respect of the suit lands in the current major settlement. Basudev died on 25-10-1956. All the bhogra lands of the family including the suit lands vested in the State of Orissa on 1-41960 under the provisions of the Orissa Estates Abolition Act. Defendant No. 10 Dhaneswar alone filed a claim under Section 8-A of the Act in respect of all the bhogra lands of the family. The Estate Abolition Collector settled the suit lands with the plaintiff and the other lands in favour of the sons and daughters of Basudev. The plaintiff claimed exclusive title on the basis of the aforesaid settlement in her favour.

(3.) The defendants denied due execution of the gift by Basudev and contended that it was obtained from him under undue influence and was never acted upon. They also contended that the Estate Abolition Collector had no jurisdiction to settle the suit lands exclusively with the plaintiff.