PRAFULLA KUMARI PRADHAN Vs. TRINATH SWAIN

JUDGEMENT

(1.) Plaintiff is the appellant against a confirming judgment in a suit for recovery of possession and in alternative for declaration of title over schedule 'B' property.

(2.) The case of the plaintiff is that one Govinda Pradhani is the owner of 'A' and 'B' schedule property. He purchased the same from three brothers, namely, Mukunda, Mongulu and Indra by means of a sale deed dated 13.10.1954, vide Ext.3, for a consideration of Rs.90/-. Possession has been duly delivered to him. Govinda Pradhani sold the property to his daughter-in-law, the plaintiff by means of a registered sale deed dated 9.11.1987, vide Ext.1. The plaintiff is in possession of the suit land. A portion of the property i.e., 'B' schedule was let out to the defendant. The defendant defaulted in payment of rent. With this factual scenario, she instituted the suit seeking the relief mentioned supra.

(3.) The defendant filed a written statement pleading inter alia that Govinda Pradhani is his maternal grandfather. His mother had purchased the entire property for a consideration of Rs.90/- in the year 1954 from the original owners, namely, Manguru, Mukunda, Mongala and Lalita Siva. It was an oral sale. He is in possession of the suit property. Neither Govinda nor the plaintiff has any right over the suit property.