FAKIRNATH Vs. KRUSHNACHANDRA NATH

JUDGEMENT

(1.) This appeal has been filed by defendant No. 1 against the judgment dated 20-91950 of Sri A. Misra, Subordinate Judge of Keon-jhar confirming the decision of the trial Court. The plaintiff's suit is one for declaration of his title on the basis that he is the adopted son of Gopi and for confirmation of possession or in the alternative for recovery of possession. One Bauri Nath had four sons, Ainthu, Chaitan, Gopi ana Fakir. After the death of Bauri, Ainthu separated from the other three brothers and enjoyed his four annas share separately. Thereafter, Fakir (defendant No. 1) separated and possessed his four annas interest separately since 1335. Chaitan and Gopi remained joint. Chaitan died leaving his two daughters Naba and Lata, Natabar first married Naba and after the death of Naba he also married Lata. The plaintiff is the natural born son of Natabar and Lata. According to the plaintiff, he was adopted by Gopi in the year 1945. Defendants 2 and 3 are the sons of Ainthu (deceased). Chaitan died in 1354 and Gopi died only a year after. The defendants having got their names mutated in respect of the disputed properties threatened to dispossess the plaintiff. So the present suit has been brought.

(2.) The defence is that in fact the plaintiff was never adopted by Gopi who died issueless and unmarried and Chaitan died leaving no male-issue nor any widow. As all the four brothers, that is, the sons of Bauri, were joint, the interests of Chaitan and Gopi have passed unto defendants 1, 2 and 3 by way, of survivorship.

(3.) The two questions that require determination in the present case are whether the plaintiff was duly adopted by Gopi, and, secondly, if really Ainthu and Fair separated, and Chaitan and Gopi remained joint.