RAJKISHORE SATPATHY Vs. HAREKRUSHNA SATPATHY

JUDGEMENT

(1.) The present Second Appeal is at the instance of defendant No. 1 -appellant against the judgment and decree of the reversal.

(2.) THE plaintiffs being the heirs of one Somanath Satpathy instituted a suit for declaration of title in respect of eastern portion of Plot No. 483 and western portion of Plot No. 484 claiming to be in their possession for confirmation of possession of alternatively for recovery of possession in case they were found to be dispossessed and permanent injunction.

(3.) THE defendant No. 1 contested the suit inter alia claiming that the suit properties were the separate and self -acquired properties of Somanath and he had right to alienate the suit lands. According to the defendant No. 1, suit lands were gifted to defendant No. 2 and possession of the same was handed over to defendant No. 2. Defendant No. 2 initially mortgaged the suit properties with the defendant No. 1 and when he found that it was not possible for him to redeem the mortgaged lands he sold away the same to the defendant No. 1 and delivered possession of the suit lands.