KASINATH JENA Vs. GANGADHAR SWAIN AND OTHERS

JUDGEMENT

(1.) Plaintiff is the appellant against a reversing judgment in a suit for declaration of title and confirmation of possession.

(2.) The case of the plaintiff was that the suit lands appertaining to khata no.252, plot nos.182, 186 and 193, Ac.0.63 dec. of mouza-Srirampur were purchased by one Pratima Dei from one Kasinath Puhan by means of a registered sale deed dated 14.5.1928. She was in possession of the same. She gifted the same along with other lands to her daughter Lalita Kumari Dei by means of a registered gift deed dated 10.1.195 Lalita was in possession of the lands. Lalita and her husband died leaving behind their two minor sons, namely, Sitala and Suresh. Suresh sold half of the suit lands along with other lands to Gangadhar Swain, defendant no.1, by means of a registered sale deed dated 14.74 for a valid consideration and delivered possession. While matter stood thus, Sitala sold his interest in the suit land along with other lands to the defendant no.1 by means of a registered sale deed dated 26.11.74 and delivered possession. Defendant no.1 was in possession of the suit lands. He used to pay rent. He sold the suit lands to the plaintiff by means of a registered sale deed dated 111.86 for a valid consideration and delivered possession. The plaintiff was in possession of the suit land. Defendant no.2 threatened to create trouble in his possession. Defendant no.2 disclosed that he had purchased the suit land from one Gayadhar Swain, who had purchased the same from one Dolagobinda Swain. Dolagobinda Swain purchased the suit lands from Sankarsan Swain, the maternal grand-father of Sitala and Suresh. The purported guardian Sankarsan Swain had no power to alienate the suit lands of the minors and as such, the sale deed was void ab initio. The subsequent sale transactions conferred no title to the vendees. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant no.2 entered contest and filed a written statement denying the assertions made in the plaint. The case of the defendant no.2 was that Sankarsan Swain, the maternal grand-father of Sitala and Suresh, was their guardian while they were minors. He was looking after the properties and as their guardian. He sold the suit lands to one Dolagobinda Swain for their maintenance and meet educational expenses by means of a registered sale deed dated 22.8.57 for a valid consideration and delivered possession. Thereafter Dolagobinda sold the same to Gayadhar Swain by means of a registered sale deed dated 18.10.62 for a valid consideration and delivered possession. Thereafter Gayadhar Swain sold the suit lands to him by means of a registered sale deed dated 20.9.71 for a valid consideration and delivered possession. He is in possession of the suit lands. He used to pay rent. It was further pleaded that he was in possession of the suit lands peacefully, continuously and with the hostile animus of the plaintiff for more than the statutory period and as such perfected title by way of adverse possession.