KIBATI NAIK Vs. BALESWAR NAIK

JUDGEMENT

(1.) The plaintiff has filed this appeal against a reversing decision.

(2.) Suit was filed for declaration of title, confirmation of possession and injunction in respect of "B" Schedule property. The inter se relationship between the parties as reflected in the genealogy is extracted hereunder: <FRM>JUDGEMENT_272_CCC3_2000Html1.htm</FRM>

(3.) Plaintiff's case is as follows-. 'A' Schedule land was the joint family property of the four brothers, Hata, Nanda, Tetanga and Kheda. 'A' Schedule property was partitioned in the year 1937. The properties in village Kadelmunda fell to the share of Nanda and Tetanga whereas the properties at Saletikra fell to the share of Hata and Kheda in two equal share. Tetanga having died issueless, his share were passed on to Chandan, son of Nanda. After the death of Hata, his share devolved upon his daughter Hemabati. After the death of Kheda, his only son Beleswar, defendant No.1. inherited his share of the land in Saletikra. During the current settlement, defendant No.1 got all the lands in both the villages recorded in his own name in connivance with the settlement authorities. Hemabati gifted her share of land as per Schedule 'B' of the plaint to the plaintiff by a registered deed of gift, whereafter the said land was identified through an Amin in Misc. Case No. 105 of 1980. As the defendant No. 1 created trouble, suit was filed.