ANANDA CHANDRA PANDA Vs. CHAMPA PANDA AND OTHERS

JUDGEMENT

(1.) The present intra-Court appeal has been filed by the appellant, who was defendant no.2 in the trial Court and appellant before the learned Single Judge, challenging the judgment dated 02.04.1999 passed in First Appeal No. 240 of 1988 dismissing the First Appeal holding that the plaintiffs' suit has been rightly decreed, as the defendant no.2 had not perfected his title by adverse possession by the time of death of defendant no.1.

(2.) The factual matrix of the case in hand is that the plaintiffs filed T.S. No. 7 of 1987 in the Court of Subordinate Judge, Athagarh [now Civil Judge (Senior Division)] for declaration that the sale deeds dated 31.05.1978 (Ext.B) and 10.01986 (Ext.C) executed by the original defendant no.1 in favour of defendant no.2 are null and void and further no title passed thereunder, and for confirmation of possession of the plaintiff no.1 or for recovery of possession and for permanent injunction restraining defendant no.2 from coming upon the disputed land. In effect, the plaintiffs challenged the sale deeds purported to be executed by defendant no.1.

(3.) As per the plaint filed by the plaintiff-respondents, Sindhu Das, husband of defendant no.1 died in 1977 leaving the plaintiff-respondents as his heirs. Sindhu had ancestral property, as described in Schedule-A of the plaint, which had been gifted to his wife defendant no.1 and mutated in her name. But no possession was parted by virtue of such deed and Sindhu was in enjoyment of the property till his death.