GURUBARI BEWA NETRAMANI KHUNTIA Vs. JAGADIS PARIDA

JUDGEMENT

(1.) Plaintiffs have filed this appeal against a reversing judgment. The suit was filed for setting aside the deed of gift dated 20.4.1977 and sale deed dated 23.11 1977 executed in favour of defendant No. 1 by Dhadi Swain and for confirmation of possession, or recovery of possession, and permanent injunction and other ancillary reliefs. Plaintiff No. 1 is the brother of late Dhadi Swain and plaintiff No. 2 is son of plaintiff No. 1. It is alleged that a deed of gift was obtained from late Dhadi Swain by defendant No. 1 fraudulently and by exercise of undue influence in respect of "A" Schedule property on 20.4.1977 and a sale deed was similarly obtained in respect of "B" Schedule property on 23.11.1977. It is not disputed that Dhadi Swain died issueless. The suit was filed after death of Dhadi Swaim in the year 1978.

(2.) Defendant No. 1 is the son of defendant No. 2. In their joint written statement it was claimed that the deed of gift was executed in favour of defendant No. 1 out of love and affection. Subsequently, the sale deed was executed in respect of "B" Schedule land, as Dhadi Swain wanted to meet his personal expenses and to repay the loan incurred by him. It was claimed that the deed of gift as well as the sale deed had been duly executed. It was further claimed that defendants 1 and 2 were in possession of both "A" Schedule and "B" Schedule properties and had constructed house on a portion of the disputed land.

(3.) Since Jitendra was claiming to be the adopted son of late Dhadi Swain, his natural father and he himself were impleaded as defendants 3 and 4 respectively