GRAMA DEVATI SATABHAUNI ... Vs. RANGA BEWA AND OTHERS

JUDGEMENT

(1.) Defendant nos.1 to 6 are the appellants against a confirming judgment.

(2.) Fakir Charan Swain, predecessor-in-interest of respondents 1(a) to 1(h) as plaintiffs, instituted the suit for declaration of right, title and interest, confirmation of possession and in the alternative for recovery of possession, if he has been dispossessed during course of trial and permanent injunction. Case of the plaintiff was that the suit schedule land originally belonged to one Muli Swain. After his death, defendant nos.8, 9 and 10 were in possession of the suit land. They sold the suit land to the plaintiff by means of a registered sale deed dated 25.4.1979, vide Ext.1. Defendant nos.1 to 6 claimed to have purchased the suit land from the defendant no.7, who proclaimed to be the adopted son of Muli Swain. Defendant no.7 executed the sale deed by impersonating himself to be the adopted son of Muli Swain. Therefore, defendants 2 to 6 have no right, title and interest over the suit land. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) Defendants 1 to 6 filed a joint written statement denying the assertions made in the plaint. It was pleaded that Muli Swain and his wife Badani adopted defendant no.7 when he was only two years old. Since the day of adoption, defendant no.7 was residing in the house of Muli Swain. In the school records and voters list, defendant no.7 has been described as son of Muli Swain. Muli Swain also executed a registered deed acknowledging the adoption. Defendant nos.8 to 10 filed a joint written statement supporting the stand of the plaintiff.