DOLGOVIND MAHAPATRA Vs. ANATHBANDHU NAIK

JUDGEMENT

(1.) These two appeals arise out of two suits heard together in the trial Court and one judgment of the trial Court cover both the suits. They were heard together before the lower appellate Court, who, however, passed two judgments. Both the appeals would be covered by the present judgment of ours.

(2.) SECOND APPEAL NO. 98 OF 1949: This appeal arises out of O. S. No. 12/543 of 1947/45 wherein the present appellant Dolgovind Mahapatra is the only defendant. The plaintiff brought the suit for declaration of his title and for confirmation of possession in respect of the suit properties described in two schedules Ka and Kha consisting of 16 items of property each of the schedules containing 8 items. The main allegation of the plaintiff is that the properties in suit really belonged to him even though they stand in the name of the defendant. Ka schedule properties are the subject matter of the private sales and Kha schedule properties were acquired in court sales. All these items of property indeed stand in the name of defendant. The defendant is the maternal uncle of the present plaintiff, who lost his father prior to the year 1923 and the defendant being a general power-of-attorney holder managed the properties of the plaintiff. The plaintiff attained majority in the year 1930 but in spite of his attaining majority, the defendant continued management till the year 1942. Plaintiff's version is that the defendant is a man of no means, the properties in suit were acquired from out of the funds belonging to the plaintiff which were in the hands of the defendant during the time when he was in charge of management of the properties of the plaintiff, and with those funds they have been acquired and are still in continuous possession of the plaintiff ever since the time of acquisitions.

(3.) The defence is that in fact the defendant is the real owner of the properties, the funds were supplied by him for the purpose of acquisition of different items of property at different times and he is continuing in possession thereof. In respect of Kha schedule properties, his additional plea is that the present suit is barred under the provisions of Section 66, Civil P. C.