LAXMIDHAR SAHOO Vs. BATAKRUSHNA SAHOO

JUDGEMENT

(1.) This Second Appeal is against the judgment and decree dated 14.12.2012 and 27.12.2012, respectively, passed by the learned District Judge, Khurda in R.F.A.No.44 of 2007 confirming the judgment and decree dated 11.05.2007 and 21.06.2007, respectively, passed by the learned Civil Judge (Senior Division), Bhubaneswar in T.S. No.152 of 1994-I.

(2.) Defendant Nos.2 and 3 have preferred this appeal. Respondent herein is the plaintiff before the trial court. Defendant No.1-Late Kumar Sahoo, the adoptive father of plaintiff-Respondent,2 having died during pendency of the First Appeal his name was allowed to be deleted. In this judgment the parties will be addressed as per their respective nomenclature in the plaint.

(3.) Facts admitted by the parties are that plaintiff is the adopted son of D-1 and his wife Late Ahalya Sahoo who has passed away on 24.12.1993; that said Ahalya Sahoo was the only daughter of Late Arta Sahoo and Late Nishamani; that the suit immovable property described in Lot No.1 of the plaint schedule was partly purchased in the name of Ahalya Sahoo by her parent and part of it is inherited by her from her mother, Nishamani; that after the death of Ahalya, her adopted son (plaintiff) went to his maternal uncle's house to be taken care of during his minority; that plaintiff's adoptive father (defendant No.1) alienated the plaint schedule Lot No.1 property to defendant Nos.2 and 3 under Registered Sale Deed No.5437 dated 28.12.1993, just 4 days after the death of Ahalya and during minority of the plaintiff.