BHAGABAT BASUDEV Vs. API BEWA

JUDGEMENT

(1.) THIS appeal, by defendants 1 to 3, arises out of a suit for declaration of title to and confirmation, or in the alternative, recovery of possession of 1. 68 acres of land described in Schedule 'kha' of the plaint

(2.) PLAINTIFF No. 2 Rabindra Sahu is the natural son of one Krushna Chandra Sahu, he was brought up by plaintiff No. 1 Api Bewa from his childhood. On 29-10-56 plaintiff No. 1 executed a deed of sift (Ext. 3) in his favour in respect of 1. 85 acres of land. In 1957 she adopted him as a son. On 1-3-66 defendant No. 5 Nabaghana sahu fraudulently obtained from her a sale deed in respect of the 'ka' schedule properties, covered by Ext. 3, on a false representation that she was executing a power of attorney. On 18-3-67 defendants 2 to 4 as marfatdars of the deity-defendant No. 1 purchased from defendant No. 5 the 'kha' schedule properties which form part of the 'ka' schedule. Thereafter defendants 2 to 4 forcibly occupied a room of the house standing on the suit land. Upon these allegations the plaintiffs came to court for the aforesaid reliefs.

(3.) DEFENDANTS 5 and 6 who are husband and wife respectively filed a joint written statement denying the adoption of plaintiff No. 2 and challenging the validity of the deed of gift (Ext 3 ). They contended that plaintiff No. 1 sold the 'ka' schedule properties in favour of defendant No. 5 for legal necessity and he was in possession of the same since the date of sale. Defendants 1 to 4 purchased the 'kha' schedule properties from him and have been in possession of the same since the date of their purchase. Defendants 1 to 3 filed a separate written statement supporting the plea of defendants 5 and 6.