TIKE KISAN Vs. MST. SABITRI KEUTUNI AND ANR.

JUDGEMENT

(1.) THE sole Defendant is the Appellant form a decision of the learned District Judge, Sambalpur -Sundargarh, affirming a decision of the learned Munsif, Sundargarh.

(2.) THE matter arises in these circumstances: The Plaintiffs filed a suit against the Defendant for declaration of title and recovery of possession in respect of the properties mentioned in Schedule A to the plaint. The Plaintiffs case is that one Padman Pande was the original owner of the suit land. He had two sons Saita Pande and Parma Pande and two daughters Plaintiffs Sabitri and Subas. On the death of Padman Pande, his two sons Saita and Parma inherited the suit land by right of survivorship. Parma and Saita died leaving them surviving their widows Ulasa and Kajala respectively. It is alleged that on February 14, 1946 Ulasa and Kajala, gave a lease of the suit land to the Defendant for five Purugs of paddy per annum. Kajala died same time in 1948. After her death, Ulasa mortgaged the B schedule property to one Kartika Patel on December 18, 1948 and since then he is in possession of the said property. Ulasa died on October 21, 1950. Thereafter, the Plaintiffs, the two surviving daughters of Padman Pande, requested the Defendant to give up possession of the suit land but to no effect. Thereupon, the Plaintiffs filed the suit on July 22, 1954.

(3.) BOTH the Courts below found that there was no surrender of the suit land by the two widows Ulasa and Kajala to the Gountia and that there was no resettlement in respect of the suit land with the Defendant as alleged. Both the Courts further found that the Plaintiffs were the daughters of Padman Pande and as such they got title to the suit land as the 'next reversioners of Saila and Par am a after the death of the two widows and decreed the Plaintiffs' suit.