BOROJ PRADHAN Vs. RADHIKA PRADHAN

JUDGEMENT

(1.) Defendant No. 3 in T.S. No. 5 of 1983 of the court of then then Addl. Munsif, G.Udayagiri who was the Appellant in T.A. No. 13 of 1985 of the court of the District Judge, Boudh -Khondamals, Phulbani has filed this Second appeal assailing the confirming judgments and decrees.

(2.) The suit was one for recovery of possession against the Defendants. This being a Second Appeal this Court refrains from discussing the facts in detail, but then refers to only those facts which would be necessary for effectual adjudication.

(3.) All the Defendants filed a joint written statement denying the averments made in the plaint. According to them, one Nilambar Dehury was the owner of the suit property and Gata and Brundaban being two brothers had purchased the same from Nilambar and possessed the same jointly. They further contended that after death of Gata, Brundaban being the eldest male member in the family, for legal necessity had sold away the suit property in the year 1969 to one Radhapa Pradhan by a registered sale deed. After death of Radhapa his son Braja, Defendant No. 3. had mortgaged the suit property to Banamali, Defendant No. 1 for a consideration of Rs. 2,000.00 by a registered deed. Defendant No. 3 thus remained in possession of the suit property, but taking advantage of recordings made in the Settlement records, the Plaintiff had filed the suit advancing a false claim.