GOLAK CHANDRA RATH Vs. KRUTIBAS RATH

JUDGEMENT

(1.) Plaintiff is in appeal challenging the dismissal of his suit for declaration of title and recovery of possession of 4.45 acres of land shown in 'B' schedule of the plaint or in the alternative for partition of the total area of 9.951 acres of land described in the 'A' schedule and allotment of half share therein to him,

(2.) One Sukadeva had two sons -- Krutibas and Bhaskar. Suka's widow is the second defendant. Krutibas is defendant No. 1. Bhaskar died in 1951 leaving behind a widow Golap. Plaintiff laid claim in the suit on the basis of having been adopted by Golap on 18-12-1959. According to the plaintiff, defendant No. 1 was a political worker and taking advantage of his position wanted to deprive Golap of her title to the property. There was a proceeding under Section 145 of the Code of Criminal Procedure which terminated in favour of the defendant No. 1. Golap having died during that proceeding, plaintiff filed the suit on 27-21965 for the reliefs indicated above on the basis of adoption,

(3.) Separate written statements were filed by defendants 1 and 2. Adoption of plaintiff was denied by both and it was pleaded that Bhaskar having died in a state of jointness, defendant No. 1 became owner of the entire property upon Golap's death.