PINA BHOIANI Vs. SUBHADRA MAJHI AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal against confirming judgment in a suit for declaration of title and recovery of possession.

(2.) The case of the plaintiff was that Khardanga was the common ancestor of the parties. He died leaving behind his two sons, Kunjal and Sundar. Kunjal died leaving behind his son Bala @ Balan. Bala died leaving behind his son, Ganthia. Plaintiff is the widow of Ganthia. Sundar died leaving behind his daughters, defendant nos.1 to 4. On 06.07.1948, Sundar executed a deed of relinquishment in favour of Ganthia. He was in possession of the suit lands. The defendants were not in possession of the lands. During the current settlement operation, the defendants created disturbance in her possession. She initiated a proceeding under Sec.144 Cr.P.C. against them. The same was converted into a proceeding under Sec.145 Cr.P.C. Possession of the defendants was declared. In the year 1972, the defendants took possession of the land. With this factual scenario, she instituted the suit seeking the reliefs mentioned supra.

(3.) Defendants filed a written statement denying the assertions made in the plaint. The case of the defendants was that Ganthia was a stranger to the family of Kunjal and Sundar. He was not the son of Bala. Bala pre-deceased Kunjal. After death of Kunjal, his branch was extinct. The lands measuring an area of Ac.12.73 dec. Khata No. 6 were acquired by Kunjal and his brother, Sundar. The lands were recorded in the name of Kunjal. Kunjal pre-deceased Sundar. Thus the share of Kunjal devolved upon Sundar. Sundar died 25 years back leaving behind his widow and defendants. During the life time of Sundar, he acquired Ac.5.83 dec. of lands appertaining to Khata No. 13 in village Barkani for a consideration of Rs.170/-. The lands measuring Ac.12.73 dec. along with these lands acquired earlier were recorded in the name of Sundar. Thus Sundar was in exclusive possession of the lands. After his death, his widow and the defendants succeeded to the property. The wife of Sundar mortgaged Ac.5.83 dec. of lands out of Khata No. 13 in favour of Padmabati Beheraani on 14.0195 The lands were redeemed on 31.01961. The lands were not relinquished by Sundar in favour of Ganthia. Neither the plaintiff nor her husband was in possession of the lands.