LAWS(ORI)-1964-9-2

MANDHATA SAHU Vs. BHIKARI SAHU

Decided On September 12, 1964
MANDHATA SAHU Appellant
V/S
BHIKARI SAHU Respondents

JUDGEMENT

(1.) DEFENDANTS 1, 3 and 4 are appellants. This appeal arises out of a suit filed by the original plaintiff Gopinath Sahu (deceased father of the present plaintiffs) for declaration of their title to 3.67 acres of land as described in Schedule Ka of the plaint and for recovery of possession on the same from defendants 1 to 4.

(2.) A genealogical table, only so far as relevant for deciding this case, is set out as follows : Narayan Sahu had two other sons Lokanath and Satyabadi who had relinquished their interest in the joint family property and went to Boudh State; so their names have not been mentioned in the genealogical table. There is a fifth defendant in the suit namely defendant No. 5 Bhagabatia Hatua Gountia who is an outsider not belonging to the family.

(3.) IN the result, therefore, the decision of the learned lower appellate Court is upheld. This appeal is dismissed with costs. Appeal dismissed.