BHAGABAN GOUDA Vs. UKIA DEI

JUDGEMENT

(1.) SHORN of irrelevant details the cases of the plaintiff and defendant may be stated in short. The plaintiff's case is as follows:One Swarn Bag died in or about 1927 leaving behind his widow Jamuna Bewa and daughter Sabitri. Ukia (plaintiff) is the daughter of Sabitri and Balabhadra. Jamuna died on 19-8-1955. The disputed land with an area of 3.60 acres in khata No. 195 of village Jamankira (in the ex-State of Bamra), now in the district of Sambalpur stood recorded as Nariha Jagir lands in the name of Swarna Bag. The same was recorded in the name of Jamuna Bewa after the death of Swarna Bag. On Jamuna's death defendant was requested by the plaintiff to look after the lands. Defendant belied the trust and stealthily got his name mutated in the Revenue Mutation Case No. 166/32 of 1955-56 falsely alleging that he was the adopted son of both Swarna Bag (Sabitri?) and Balabhadra though, in fact, there was no adoption. Amongst other reliefs, plaintiff asked for declaration of title and recovery of possession. Defence case is that the defendant is the adopted son of Balabhadra and Sabitri, both of whom pre-deceased Jamuna. Jamuna gifted the disputed land to the defendant by a plain paper document on 10-10-54 and since then he is in possession of the suit land in his own right, title and interest. The disputed lands were Nariha Jagir lands and not rayati initially. Nariha Jagir was abolished in the ex-State of Bamra in 1964 and the disputed land was settled by the State on the defendant in Nariha Jagir Land Case No. 5/4 of 1964-65. Plaintiff has no title or possession and the suit was barred by adverse possession.

(2.) THE trial court recorded the following findings

(3.) TO appreciate the aforesaid contentions, material facts in this regard may be stated. In paragraphs 4 and 6 of the plaint the following averments were made: