PADLAM BODANAIK Vs. GHASI KIRSANI AND OTHERS

JUDGEMENT

(1.) Plaintiff no.1 is the appellant against a reversing judgment in a suit for recovery of possession.

(2.) The case of the plaintiffs was that the suit schedule land originally belonged to Aita Badonaik. Aita Badonaik died leaving behind him three sons, namely, Birsa, Sonia and Budha. Sonia died leaving behind him only son, plaintiff no.1. Budha died leaving behind him only son, plaintiff no.2. After death of Aita Badonaik, Budha evinced an intention to separate from the family. He was given some landed property 30 years back. Budha left the village and his whereabouts is not known. It was further pleaded that Birsa mortgaged the suit land with the defendants orally for Rs. 500/-. The plaintiffs approached the defendants to deliver the suit land in the year 1977, but the defendants demanded a sum of Rs.2,500/- from them. On 9.11.1977, they sent a notice to the defendants to deliver possession of the suit land. On enquiry, the plaintiffs ascertained that the suit land was mutated in favour of the defendants in Mutation Case No. 625 of 1977. Mutation was made on the false pretext that the suit land was purchased by the defendants. The defendants have no semblance of right, title and interest over the suit land.

(3.) The defendants filed written statement denying the assertions made in the plaint. The case of the defendants was that the suit land originally belonged to Buda Kirsani, paternal uncle of the defendants. Buda sold the said land to Birsa. Birsa and his brothers were in separate mess. They were in possession of their respective shares. The suit land fell to the share of Birsa. Birsa sold the suit land to the defendants on 19.3.1971 for a consideration of Rs.500/- by means of an unregistered deed. Thereafter the defendants were in possession of the suit land. The suit land was sold in their favour. They have right, title and interest over the suit land.