GANGULI ROUL SINCE DEAD Vs. SARAT CHANDRA ROUL

JUDGEMENT

(1.) This is a Second Appeal filed under Section 100 of Civil Procedure Code involving a challenge to the judgment and decree dated 22.2.2010 and 18.3.2010 respectively involving R.F.A. No.18/2008 on the file of Additional District Judge, Kendrapara reversing the judgment and decree dated 7.7.2008 and 17.7.2008 respectively involving T.S. No.502/2001 on the file of Civil Judge (Sr.Divn.), Kendrapara.

(2.) Plaintiff-respondent is the appellant and defendant-appellant is the respondent in this Appeal.

(3.) Short background involving the case is that defendant, Sarat Chandra Senapati is the son of Dhruba Charan Senapati and the cousin sister's son's son of the common ancestor namely, Brundaban. Dhruba Charan Senapati, father of the defendant admitted him in Nahanga L.P. School naming him as his father. Due to poor financial condition of Dhruba Charan Senapati, Gunduchi Behera, the maternal uncle of the defendant brought him from Nahanga to his own Village-Chhanchunia along with his brother-in-law, Dhruba Chanran Senapati and said Dhruba being the father signed the Admission Register involving the defendant. Consequently, all the paternal properties were recorded by Druba in his name in a consolidation proceeding and accordingly Record of Rights has also been published during the Hal Consolidation operation. It is the further case of the plaintiff that defendant being distantly related to the plaintiff's family used to come to their house and in the meantime Dhruba died. Further the defendant was being seriously neglected by his maternal uncle, Gunduchi Behera. The husband of the plaintiff out of sympathy brought the defendant to his house while he had only five daughters of himself. For the plaintiff's husband having no son used to treat the defendant as his 'Snehaputra". While the matter stood thus, plaintiff's husband got the defendant admitted at Sudarsan High School out of affection describing therein him as his father. School Admission Register was also prepared accordingly. It is alleged by the plaintiff that the defendant in connivance with his maternal uncle, Gunduchi Behera by producing fake School Transfer Certificate issued by Rama Chandi M.E. School falsely describing him as son of Narayan Roul, based on which defendant also got himself admitted at Vinoba M.E. School, Thakurhat in 1975 describing him to be the son of Narayan Roul. Plaintiff claimed that on the basis of such forged School Transfer Certificate in all subsequent educational documents and certificates even including H.S.C. Certificate, the defendant has been falsely described as the son of Narayan Roul. Plaintiff further claimed that the defendant by gaining over the School Teacher managed him recorded as son of Narayan Roul in the Voter List. Plaintiff claimed that since all the subsequent records are based on forged documents, no such record/certificate showing the defendant as the son of Narayan Roul is valid. Plaintiff further disclosed that in the last consolidation operation the Consolidation Authority recorded the name of the defendant in respect of the property left by Narayan Roul and accordingly Parchas were published. Plaintiff filed Consolidation Appeal Nos.132/93, 251/88, 165/90 and 166/90. The Deputy Director decided all these Appeals in favour of the defendant. Further in O.C. Case Nos.3524/97 and 3118/92, the defendant's name has also been recorded as son of Narayan Roul. For finding no relief from any corner, plaintiff filed Consolidation Revision Nos.704/94, 759/2000 and 850/2001, which are subjudiced. For the Deputy Director, Consolidation deciding the Revisions holding that the defendant to be the son of Narayan Roul, plaintiff was constrained to file a suit with the prayer as follows :-