BRAJABANDHU MISRA Vs. LUHURANI MISRA

JUDGEMENT

(1.) The present second appeal involves a dispute over the question of title and possession in A.C. 0.33 decimals of land of plot No. 150 within Holding No. 15 of village Kunjam in Pallahara Sub-division, Dhenkanal which was within an erstwhile Princely State.

(2.) The plaintiff has claimed her title in the suit land on the basis that the suit property was the self-acquired property of her husband Dhaneswar. Her case is that on the death of Dhaneswar in the forties, she got a limited interest in the suit land and after enactment of Hindu Succession Act, 1956 her limited interest became absolute in accordance with Section 14 thereof. It appears that the plaintiff's name has also been duly recorded in the current record of rights. The plaintiff has stated that taking advantage of her helplessness the defendants, a brother of her husband, was trying to disturb her possession in the suit land and she had to start a proceeding under Section 145 of the Cr. P. C. In the said proceeding the suit lands have been kept under attachment by the Magistrate. In the said circumstances, she has filed the present suit for declaration of her title, confirmation of possession, injunction and other ancillary reliefs.

(3.) The defendant has denied the title of the plaintiff. The defence case is that the suit land is the self-acquired property of the defendant. He has also pleaded an alternative case that the suit lands were joint family property and the plaintiff did not get any interest in the property on the death of Dhaneswar in the forties.