SRIMATI CHITRALEKHA MOHANTY Vs. CHANDRAMANI BEWA AND OTHERS

JUDGEMENT

(1.) This appeal is by the plaintiff. The suit was for declaration of title, confirmation of possession and permanent injunction.

(2.) The land appertaining to Khata No.144/80, Plot No.325, Ac.0.38 dec. and Plot No.326, Ac.0.170 dec. in Puri town is the subject-matter of dispute. Plot No.325 situates adjacent north of plot no.326. The land originally belonged to two brothers Arnada Charan Rai and Durga Charan Rai. The case of the plaintiff is that in an amicable partition, Durga got Ac.0.40 dec. of land from western side of plot no.326 and Ac.0.40 of land from western side of plot no.325. Arnada got Ac.0.66 of land from eastern side of plot no.326 and Ac.0.40 of land from eastern side of plot no.325. Durga sold his entire share to Ramesh Chandra Das. He has constructed a residential building and is staying therein. Arnada sold his share to Saudamini Mitra by means of a registered sale deed dated 25.11.1955 vide Ext.7. Thereafter, Saudamini sold western half to defendant no.3. She was in possession of the eastern half. Thereafter, defendant no.3 sold western half to the plaintiff by means of a registered sale deed dated 29.8.1977 vide Ext.3. When defendants 1 and 2 threatened to dispossess her, she instituted the suit seeking the reliefs mentioned supra.

(3.) Defendants 1 and 2 entered contest and filed a written statement stating that in the partition between Durga and Arnada, the later got his share from the eastern half of plot Nos.325 and 326. He was in possession of the same. Ext.7 is a sham transaction. The same had not been acted upon. After death of Arnada, his share devolved on his widow Kumudini. She was in possession of the land. Kumudini had executed a will in favour of Dayanidhi, son of Defendant no.1. Letters of administration was granted in favour of Dayanidhi on 17.4.1969. Defendant no.4 had instituted a suit against Dayanidhi, which was subsequently substituted by defendant nos.1 and 2. The same was dismissed in terms of compromise by which defendants 1 and 2 were recognized as the owners of the eastern half of plot no.325 and 326, which constituted the share of Arnada. The defendants have perfected their title by way of adverse possession.