GANDU BEHERA Vs. BALA BEHERA

JUDGEMENT

(1.) THIS second appeal has been filed by the defendants against the confirming judgment of the lower appellate Court arising out of a suit brought by the plaintiff for declaration of title and recovery of possession. It is the admitted case of both parties that the property in suit belonged to Kangali Behera who died prior to 1922. The plaintiff claims to be the first cousin of Kangali. Kangali died leaving his widow Sabi Bewa. Sabi having died in the year 1951, the present suit has been brought by the plaintiff for recovery of possession. Defendant No. 1 (Gandu behera) is the son of Sabi through her second husband. Defendants 2 to 4 are the transferees in respect of portions of the disputed property.

(2.) THE defendants resisted the claim of the plaintiff an several allegations that the plaintiff is not the next reversioner of Kangali; that Sabi had obtained absolute rights in respect of the disputed property.

(3.) IT appears from Ext. 3 that the disputed property was allotted to Sabi Bewa, the widow of Kangali by way of maintenance in a compromise decree in a suit brought by Sabi for maintenance in the year 1922 and that she would be entitled to the widow's estate in the disputed property. It has been found by both the Courts below that the plaintiff is the first cousin and is the next reversioner of deceased kangali. There is no dispute over the position also that a short time after the death of Kangali, Sabi had married for the second time. These and other findings of the courts below are not challenged before me.