CHANDRABHANU NAIK Vs. MST. GOMATI NAIKANI AND ORS.

JUDGEMENT

(1.) THIS appeal, by Defendant No. 1, arises out of a reversing judgment in a suit for declaration of title to and recovery of possession of 0. 40 acre of land appertaining to Bhogra plot No. 578 in village Kapse under Sundergarh P.S.

(2.) THE Plaintiffs ' case was that the Bhogra lands of village Kapse though recorded only in the name of the Goantia were divided in the Goantia 's finally according to the rules and custom long ago during the time of the ancestors of the parties and that the descendants of each branch were possessing the share allotted to their respective ancestors. Bidyadhar Naik got the suit lands in his share and was in possession of the same. He died issueless on 4 -3 -1965 leaving behind him the Plaintiff No. 1 and Plaintiff No. 2, his widow and mother respectively as the legal heirs. The Plaintiffs, cultivated the suit lands in 1965 but Defendant No. 1 forcibly disposed them on 27 -7 -1965 claiming to have got a permanent lease in respect of the same from original Defendant No. 2 Anirudha.

(3.) THE original Defendant No. 2 Anirudha Naik filed a separate written statement supporting the Plaintiffs case. He died during the pendency of the suit and his legal heirs were substituted.