SULACHANA RAHA Vs. SAMARI SAHU (DEAD)

JUDGEMENT

(1.) This is a plaintiffs' appeal against the confirming judgment in a suit for declaration of title and recovery of possession.

(2.) Case of the plaintiff is that she is the daughter of Gajindra Raha. The suit land was recorded in the names of Bajnath, Gajindra and Narendra sons of Jogindra, Laxman and Kartika in 1936 settlement. The suit land was the ancestral property of the parties. They partitioned the suit land amicably. The land appertaining to Khata No.49, Plot No.427, Ac.0.96 dec. corresponds to Khata No.49, Plot Nos.1340 and 1341 fell to the share of her father Gajindra. Her father was in possession of the land since 1937. Her father gifted some lands including the suit land to her in the year 1943. She was in possession of the land since 1943. She allowed Udayanath Sahu, husband of defendant no.1 and father of defendants 2 to 6 to stay in her house temporarily. Her father had no son. Her parents adopted defendant no.15, her son. Her father died in the year 1966. Defendant no.7, nephew of her father was not pulling on well with her. Defendant no.1 filed Revenue Case No.8/320 of 1970 before the S.D.O., Patnagarh on behalf of defendant nos.7 and 11 to transfer the suit land in her favour. The plaintiff filed an objection thereto. Thereafter, defendants 7 and 11 filed a petition before the S.D.O., Patnagarh to sell the suit land to Kashmirilal Jain. The same was rejected. Thereafter, defendants 1 and 7 filed a petition to transfer the suit land in favour of defendant no.1 by way of gift on the ground that the suit land was given to her by Gajindra. On 27.5.1971, the S.D.O., Patnagarh accorded permission. Thereafter, defendant no.1 with the help of defendant no.7 registered the gift deed in her favour on 23.6.1971. Defendant no.1 managed to record the suit land in her name and defendants 2 to 6 in 1976 settlement. Defendant no.15 filed Revenue Case No.8/34 of 1978 under Sec.23 of the OLR Act for restoration of the suit land. But then, the same was rejected. On 20.8.1980, she requested the defendants 1 to 6 to vacate the suit land. As they did not vacate the suit land, she filed the suit seeking the reliefs mentioned supra.

(3.) Defendants 1 to 4 filed a written statement denying the assertions made in the plaint. Case of the defendants was that in the year 1954, Gajindra donated the suit land to Udaynath Sahu and delivered possession. It was an oral gift. Udaynath was in possession of the same. After death of Udayanath, his widow and sons are in possession of the same. After taking permission from the S.D.O., Patnagarh, defendants 7 to 11 executed a registered gift deed in favour of defendant no.1 on 23.6.1971. The donors executed the deed in free will. No fraud was played. Udaynath was in possession of the suit land. Thereafter, defendants 1 to 6 are in possession of the land peacefully, continuously and as such, perfected title by way of adverse possession. The suit is barred by time.