Judgement

G. K. MISRA, C.J. :- Plaintiff s case may be stated in short. The disputed properties consist of A and B Schedule of the plaint. Schedule A is homestead and comprises 0.13 acre in Khata No. 173 in village Balianta, Sch. B consists of agricultural lands with an area of 1.07 acres in village Andilo, both the villages being in the district of Puri. The disputed properties belonged to one Chintamani Sahu who died in 1931 leaving behind a widow, Tulasi who died in 1964. a son defendant 3 and D.W. 9), and a daughter Durga whose son is Madhab (defendant 1 and D.W. 1). Tusarkant (defendant 2) is the son of defendant 1. Defendant 4 is the maternal uncle of defendant 3 and defendant 5 is the son of defendant 4. Though defendant 3 described himself as the adopted son of one Krushna Sahu, in fact he had not been adopted away. Defendant 3, describing himself as the son of Chintamani, executed a registered sale deed, Ext. 2, on 5-12-59 in respect of the disputed lands in favour of the minor, defendant 5. Tulasi without having any right, title or interest in the disputed properties executed a registered deed of gift (Ext. D) in respect of Sch. A land in favour of defendant 1 and a regi