KSHETRA SAHU Vs. SYAMA SAHU

JUDGEMENT

(1.) THIS is plaintiffs second appeal against the judgment and decree dated 19-101955 of Sri L. Panda Additional District Judge of Berhampur, reversing the decision of the Munsif of Aska, arising out of a suit for declaration of title and recovery of possession of eight acres and fifty cents of land as described in the schedule attached to the plaint on ejectment of the defendants therefrom. The plaintiffs case is that the plaintiffs daughter Tasoda was blind and that she had no means of livelihood. The plaintiff, therefore, by way of making provisions for her maintenance, executed Ex. 1, a deed of gift ,on 24th June 1949, which is described as "nirupanapatra" Jasoda died in July 1951. The first defendant is the husband and the second defendant is the son of Jasoda. The third defendant is a transferee in respect of a portion of the disputed land from defendants 1 and 2. The plaintiff has brought this action on 4-9-1952 for the aforesaid reliefs on the basis of the position that the deed executed by him in favour of Jasoda on 24-61949 was a grant in respect ' of a Me estate which was to enure during the lifetime of Jasoda and on the death of Tasoda the property in suit has reverted to the plaintiff; and as such the plaintiff is entitled to the reliefs claimed.

(2.) THE defence, on the contrary, is that the deed Ex. 1 dated 24-6-1949 was a deed of gift in respect of the absolute interest in the property and that on the basis of the deed Ex. 1 Jasoda became the full and absolute owner in respect of the property which was the subject matter of the deed. The plaintiff by virtue of the aforesaid deed having completely extinguished all his right, title and interest absolutely cannot claim recovery of possession on a declaration of title to the property in suit. It was further contended that defendant No. 2 was adopted by the plaintiff.

(3.) THE learned trial Court found that there was no evidence that defendant No. 2 was ever adopted by the plaintiff. He, therefore, decided the issue of adoption against the defendants. On the main question of construction of the deed Ex. he came to the conclusion that it was merely a grant bf a life estate which was to enure during the life-time of Jasoda and on the death of Jasoda the plaintiff was entitled to the property which was die subject-matter of the deed.