MAHESWAR AMAT AND ANOTHER Vs. UJALA AMAT (DEAD)

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree passed by the learned Addl. District Judge, Sonepur in RFA No.42/2001 by way of modification of the preliminary decree as passed by the learned Addl. Civil Judge (Jr.Divn.), Birmaharajpur in T.S. No. 24/30 of 1992.

(2.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) Satyabadi Padhan is the father of the plaintiff and her brother Judhistir. They became the absolute owners of the suit land as on the death of Satyabadi in the year 1971. The plaintiff and Judhistir succeeded to the property left by him. The plaintiff asserts that on 23.11.91 Judhistir died issueless and his wife Bila pre-deceased him having died in the year 1988. So the plaintiff claims to be the sole owner coming to possess the suit land with the aid and assistance of her husband. The defendants are said to be in no way related to her, although defendant no. 2 is falsely stating himself to be the adopted son of Judhistir and defendant no. 1 being his father is falsely declaring to have given defendant no. 2 in adoption to Judhistir. The plaintiff having come to learn that defendants are declaring to oust her from the suit land, apprehending serious disturbance, the suit has come to be filed.