BAISHNABA MOHANTY Vs. MALATI MOHANTY

JUDGEMENT

(1.) This appeal at the instance of the plaintiff assails the affirming judgment of the learned Ad hoc Addl. District Judge (Fast Track Court), Jagatsinghpur, in Title Appeal No.26 of 1996/27 of 1996 in a suit for declaration that Malati Mohanty, defendant no.1 is not the adopted daughter of Madhu Mohanty and the plaintiff is the successor of Madhu Mohanty.

(2.) The following genealogy would show the relationship of the parties.

(3.) The case of the plaintiff is that he had filed objection case to mutate the land in respect of the suit property of Madhu. The defendant no.1 advanced a claim that she is the adopted daughter of Madhu. Thereafter, the matter went to the Commissioner for Consolidation. By order dated 30.04.1993, the Commissioner held that Malati is the adopted daughter of Madhu. Consolidation Authority has no jurisdiction to decide the status of the parties. There is no acceptable evidence available on record that Malati is the adopted daughter of Madhu. The order of Commissioner cast a cloud of suspicion. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.