DHANMATI DEI Vs. KESHABA MAHATANTA

JUDGEMENT

(1.) Plaintiff has appealed against the reversing judgment and decree of the learned District Judge of Mayurbhanj in a suit for title and ejectment of defendants.

(2.) Plaintiff claimed that one Dukhu Mahant had three sons - Chammu, Mangal and Bahuram. Mangal and Bahuram died issueless. Chammu's widow is the third defendant. Chammu had also two sons being Chhotua and Mithua. Mithua's daughter is the plaintiff. Chhotua's daughter Ankali left her village and has remained unheard of for more than a decade prior to suit. After the death of Chhotua and Mithua, their respective widows remarried. The third defendant re-married. Jainath, father of the 1st defendant, was born to her through the marriage. Dukhu had 5.49 acres of land as ancestral property and Chhotua had added one acre of Nayabadi land. On the death of Dukhu, Chhotua and Mithua were enjoying the entire 6.49 acres of land and after them, plaintiff came to possess the said property. Defendant No. 1 taking advantage of the helpless position of the plaintiff, without any right, title or interest in the disputed property got himself mutated in the Revenue records in respect of the disputed property and alienated the same in favour of the second defendant who trespassed into the property, forcibly harvested the paddy raised by the plaintiff and started disputing the plaintiff's title. The suit has, therefore, been filed for declaration of title and recovery of possession.

(3.) The third defendant supported the plaintiff. Defendants 1 and 2 in a joint statement claimed that the suit was barred by limitation; Jainath was not the illegitimate son of Sambari; Ankali being alive, without her the suit could not proceed; after the death of Chhotua and Mithua, Jainath came to succeed to the property and had full title to convey in favour of the second defendant.