CHAITANA MAJHI Vs. PHULAMONI SOREN

JUDGEMENT

(1.) Defendant no.1 is the appellant against a confirming judgment.

(2.) Opposite party no.1 as plaintiff instituted T.S. No.4 of 1984 in the court of the learned Sub-Judge, Baripada for declaration of title and recovery of possession. The case of the plaintiff is that the suit land along with other lands was the absolute property of one Baijhal Majhi, grandfather of defendant no.2. The same was recorded in the name of Baijhal Majhi in 1929 settlement ROR. After his death, the land was recorded in the name of Rengta Majhi @ Jayram Majhi, adopted son of Baijhal Majhi in Mutation Case No.1348 of 1940-41. After his death, his son, defendant no.2, remained in possession of the land. On 22.3.80, the plaintiff purchased the suit land by means of a registered sale deed for a consideration of Rs.4,000/-. In the year 1983, the defendant no.1 disturbed the possession of the plaintiff for which proceeding under Sec.145 Cr.P.C. was initiated. The same was dropped on 3.6.1987. With this factual scenario, the suit has been filed seeking the reliefs mentioned supra.

(3.) Pursuant to issuance of summons, the defendant no.1 entered appearance and filed written statement denying the assertions made in the plaint. The case of the defendant no.1 is that the suit land belongs to Baijhal. His father's sister Chuda was the concubine of Bijhal Majhi. Baijhal was maintaining Chuda till her death by giving paddy. After his death his son, Rengta could not pay maintenance Chuda regularly. Being pressed by caste Panchayat people, Rengta gave the suit land to Chuda and relinquished his right. Chuda was in possession of the land till her death. After Chuda, her brother Lalmohan became the owner of the land. The defendant no.1 took the plea of adverse possession.