RAHASMANI DEBI Vs. NISHAMANI DIBYA

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for declaration of title and for possession in respect of the disputed lands on the following circumstances:

(2.) It Is to be noted here that Act II of 1929 on the basis of which sisters have become heirs was introduced In the Ex. State of Mayurbhanj in the year 1949. Therefore, till the year 1949 the Plaintiff could not be a sister-heir.

(3.) The defence is that in fact the property in dispute is the Stridhan property of Sara and the Defendant being the daughter of Sara is a preferential heir. The defence makes out a case of Stridhan character of the disputed property in the way that Sara Was in possession of the property after the death of Gopal in the year 1937 for more than 12 years as absolute Owner and therefore by prescription obtained absolute right.