GOPABANDHU MOHAPATRA Vs. SMT. LAXRNIMONI DIBYA

JUDGEMENT

(1.) THE present First Appeal arises out of the judgment dated 22 -3 -1982 and the decree signed on 3 -4 -1982 made by Sri P.K. Panigrahi, Subordinate Judge. Puri in O.S. No. 93 of 1979 -1. The said appeal is at the instance of Plaintiff Appellant Gopabandhu Mohapatra son of Managobinda Mohapatra.. Two suits, namely, O.S. No. 116/78 -1 filed by Gopabandhu Mohapatra against Raghunatha Mohapatra and six others and O.S. No, 93/79 -1 by Gopabandhu Mohapatra against Smt. Laxmimoni Dibya were disposed of by a comprehensive judgment dated 22.3 -1982. The aforesaid suits were heard analogously and disposed of accordingly. Being aggrieved by the decision in O.S. No. 93/79 -1, the Plaintiff has preferred the present First Appeal.

(2.) THE controversy in O.S. No.. 93 of 1979 (1) relates to two orchards and residential house, all situate in Puri town. It was held by the trial Court that undisputedly the orchards were the separated ancestral properties of Managobinda. The residential house which appertains to holding No. 49/52 in Ward No. 3 of Circle No. 4 originally belonged to Rajlaxmi who spend the fag end of her life in the care and custody of Managobinda and Laxmimoni. Prior to her death Rajalaxmi gifted the house to Laxmimoni by means of a registered instrument. It is alleged by the Plaintiff that the deed of gift is a sham document executed by Rajlaxmi at the instance of Managobinda who apprehending trouble from his cosharers preferred to keep the proper in the name of Laxmimoni in shape of a gift, though in fact, the transaction was intended to be one of sale in favour of Managobinda. The Plaintiff claimed half share in all the properties mentioned in Schedule 'Ka', 'Kha' and 'Ga' of the plaint on the footing that he is the adopted, son. Laxmimoni resists the claim on the ground that the Plaintiff is not the adopted son that the lifted house is her separate property over which the Plaintiff has no claim even if he is the adopted son.

(3.) THE following issues were framed: