LALATENDU BEHERA Vs. MUNA BEHERA

JUDGEMENT

(1.) In this appeal, the appellants have called in question, the judgment and decree passed by the learned Addl. District Judge, Jajpur in T.A. No. 100 of 1996 confirming the judgment and decree passed by the learned Civil Judge (Sr. Division) Jajpur in T.S. No. 77 of 1990 decreeing the suit filed by the predecessor -in -interest of the respondent no. 1, who was the original plaintiff declaring the registered gift deeds said to have been executed by him in favour of the appellant and respondent no. 2, the defendant no. 1 and 2 respectively with respect to the suit property as void.

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

(3.) The case of the plaintiff is that he had only Ac. 10 decimals of homestead land at his native place. From his earning from fodder business, at Kolkata, he purchased Ac. 2.46 1/2 decimals of land at village Kundapada. He had four sons and two of them namely, Khetrabasi and Kanhu were given in adoption. From among the rest two, elder one was a teacher in primary school of the village and other one who is the substituted plaintiff was serving at Rourkela.