PAKULU MAJHI AND ORS. Vs. SUBHADRA BHOTRUNI

JUDGEMENT

(1.) THE Defendants have filed the appeal against the confirming judgment of the District Judge, Koraput, arising out of a suit for declaration of title and recovery of possession and for mesne profits.

(2.) GURU Majhi, the father of the Plaintiff Subhadra and the father of Mangala Majhi are two brothers. In other words, the Plaintiff is the father's brother's daughter of Mangala. Plaintiff's father died some twenty years back. Plaintiff's case is that after her father's death, she and Mangala were jointly recorded in respect of the suit -property and were enjoying the same. Mangala died sometime in the year 1954 -55. Long before the death of Mangala, though Plaintiff married to one Gundicha, she along with Mangala remained in possession of the suit property. On 24 -2 -1953 Mangala is said to have illegally gifted the suit property in favour of Defendant No. 3. Defendant No. 1 is the father and Defendants 2 and 3 are his sons. The Plaintiff now challenges the said gift as invalid and claims the property as heir of Mangala.

(3.) BOTH the courts held that the Defendants had failed to prove a valid gift and also their title by adverse possession. They also found that the father of the Plaintiff died in jointness with Mangala. They found title in favour of the Plaintiff and decreed the suit, though the claim for mesne profits was disallowed. It is against this decision of the courts below the Defendants have come up in appeal.