JOGENDRA MAJHI Vs. JAHAJA BALIARSINGH

JUDGEMENT

(1.) This cross-appeal by the defendants is against the findings on issue Nos. 9 and 10 recorded by the learned Subordinate Judge, Nayagarh in O.S. No. 13 of 1978-I.

(2.) Respondent Nos. 1 and 2 filed the aforesaid suit to declare that defendant No. 4-Jogendra Kumar Guru is not the legally adopted son of Balabhadra Majhi; grant a preliminary decree for partition allotting 1/5" share in the suit schedule properties and restrain defendant No. 4 and his father- guardian, Krushna Chandra Guru, from entering into the suit land.

(3.) Plaintiffs' case in brief was that Balabhadra Majhi, who was the owner of the suit property had two wives, namely, Sita and Godi Bewa. Through Sita, Balabhadra had only one daughter, named, Balika, (defendant No. 2) and through Godi, he had three daughters, namely, Jahaja (plaintiff No. 1), Niasi (defendant No. 3) and Kausalya (plaintiff No. 2), Balabhadra died on 10-11-1975 leaving behind his widow-Godi, and the daughters, named above. Defendant No. 4 is the natural son of Balika and her husband Krushna Ch. Guru. According to the plaintiffs, defendant Nos. 2 and 4 started creating trouble over the suit land proclaiming that defendant No. 4 Jogendra is the adopted son of Balabhadra Majhi although there was never such adoption. They alleged that the documents, such as the deed of acknowledgment of adoption, the deed of relinquishment relied by the defendants 2 & 4 are forged and fabricated ones. So, in order to clear that doubt and settle the matter once for all, they filed the suit seeking the above noted reliefs.