NITEI RANJAN SWAIN Vs. KRUSHNA SWAIN

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and decree passed by Learned 2nd Additional District Judge, Cuttack in Title Appeal No. 2 of 1984 confirming the Judgment and decree passed by Learned Additional Sub -Judge, Cuttack in Title Suit No. 145 of 1981.

(2.) ONE Krushna Chandra Swain, the predecessor -in -interest of the present Respondent filed the above said title suit for declaration of his right, title, interest and possession over the suit land described in Schedule 'C of the plaint and to permanently restrain the Defendant Rai Charan Swain from interfering with his possession over that land and in the alternative to allow transfer of the suit property in favour of the Plaintiff as per the provision of Section 4 of the Partition Act.

(3.) THE Defendant's case was that Madhu during his life time gifted Schedule 'C property to Bata by gift deed dated 13.6.1933 and Radha, who was the widow of Sanei and mother of Bata executed a registered sale deed in favour of the Defendant on 5.2.1963 and therefore, the Defendant became the owner of the suit schedule 'C land and as 'an owner he possessed the homestead and mutation was also allowed in his name. As an alterative plea Defendant claimed title over the suit schedule 'C property by adverse possession.