AKRURA SAHOO Vs. GHANA DHARUA AND OTHERS

JUDGEMENT

(1.) Plaintiff is the appellant against a confirming judgment. The suit was for declaration of right, title and interest and delivery of possession.

(2.) The case of the plaintiff was that Sansara Dharua had four sons, namely, Nanda, Kunja (defendant no.2), Sana and Goura. After death of Nanda, his widow-Mena lived with Kunja. Kunja purchased the suit land in the name of Mena. Kunja executed a registered sale deed dated 2.2.65 vide Ext.1 in favour of the plaintiff for a valid consideration. He is in possession of the same. Defendant no.1 disturbed his possession. A proceeding under Sec.145 Cr.P.C. was initiated against defendant no.1. In the said case, the defendant no.1 claimed that he was the adopted son of Mena. Defendant no.1 was not the adopted the son of Mena. He had no right, title and interest over the suit land. In the said proceeding, the possession of defendant no.1 was declared. He filed revision before the Sessions Judge, which was dismissed. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant no.1 filed a written statement denying the assertions made in the plaint. The case of the defendant no.1 was that Mena never lived with Kunja after the death of her husband. Mena and her husband adopted him when he was a child. Mena purchased the suit land. She was in possession of the same. Kunja had no right, title and interest over the same. The sale deed executed by him in favour of the plaintiff cannot create any title.