KASINATH CHANDRA BEHERA Vs. NARAYAN BEHERA AND ANOTHER

JUDGEMENT

(1.) This is a plaintiff's appeal against reversing judgment.

(2.) The plaintiff-appellant instituted the suit for eviction of the defendants from the suit house. The case of the plaintiff is that he is the adopted son of late Arjuna Chandra Behera. The suit house is their joint family house. During the life time of his father, he filed O.S. No. 265 of 1972-I for partition in the court of the Sub-ordinate Judge, Puri. In the said suit, Narayan Behera-defendant no.1 was a party. His stand was that he was the adopted son of Arjuna. During pendency of the suit, the suit property was divided between them in equal shares. Accordingly, they filed a petition for compromise. After death of his father, the suit was only contested by Narayan. During pendency of suit, his father executed a Will bequeathing his half share in favour of the plaintiff. He instituted O.S. No. 50 of 1974-II in the court of the learned Sub-Judge, Puri for grant of letter of administration. Defendants lodged caveat. Letter of administration had been granted to him. Defendants filed First Appeal No. 174 of 1975 before this Court, which was dismissed. Defendants are in unauthorised occupation of the rooms of the house. All persuasions made by the plaintiff for eviction ended in fiasco.

(3.) The defendants entered contest and filed a joint written statement denying the assertions made in the plaint. The case of the defendants was that suit is barred by res judicata. Plaintiff is not the adopted son of Arjuna. Defendant no.2 is the adopted son of Arjuna. O.S. No. 265 of 1972-I filed by the plaintiff for partition was dismissed on contest. They are in possession of the suit house. Defendant no.3 was set ex parte.