SANTILATA NAYAK (SINCE DEAD) AND AFTER HER, HER LEGAL REPRESENTATIVES Vs. JAWAHAR HIGH SCHOOL AND ANOTHER

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 4.1.2001 and 12.1.2001 respectively of the learned Addl. District Judge, Bhanjanagar in Title Appeal No.14 of 2000 setting aside the judgment and decree dated 26.10.1992 and 11.11.1992 respectively passed by learned Munsif, Bhanjanagar in T.S No.35 of 1989 in a suit for permanent injunction.

(2.) Respondents are the plaintiffs. The case of the plaintiffs is that the plaintiffs-school was established mostly on the gift and donation of the public. The defendant gifted the suit schedule land to the school. He executed the registered gift deed no.3658/1966, which was duly accepted by the school. Thereafter, the school made a huge investment to make use of the suit land and planted trees on it. The plaintiffs-school has perfected title by way of adverse possession. On 20.9.1989, the defendant threatened to dispossess the plaintiffs-school for which, the suit was instituted.

(3.) Pursuant to issuance of summons, the defendant entered appearance and filed a written statement stating therein that the suit land is the ancestral property of his father. The gift deed was procured from him by Jami Bada Kasinath Prusty, President of the Managing Committee of the school on misrepresentation that it was formally required to show solvency and status of the proposed High School to get recognition and aid. The gift deed was a nominal one. He never intended to gift the suit property to the plaintiffs-school. Possession of the land was not delivered. The land was not mutated by the donee. He had no right to execute gift deed in respect of the ancestral property. He is in possession of the suit land. During pendency of the appeal, the sole defendant died where after his legal heirs have been substituted.