Judgement

JUDGMENT :- This is a plaintiff s second appeal from the confirming decision of the lower appellate court.

2. They filed the suit for declaration of title in respect of the suit property comprising of 37 decimals 8 karis and 2 gandas and that the sale deeds dated 10-11-1965 (Exs. A and B) executed by defendant No. 3 for self and as guardian of minor defendants 4 and 5 in favour of defendants 1 and 2 are invalid in law and not binding upon the plaintiffs. They also prayed for confirmation of possession or in alternative, if found dispossessed, for recovery of the same.

3. Before setting out the plaintiff s case in detail it is necessary to set out the genealogy of the family to indicate the relationship between the plaintiff and defendants Nos. 3 to 9.

GENEALOGY. Bidei Jena

Nisakar Chuin Rama Hrushi (D-6)

Naba (D.8) Bhagat Bansi Murali Madan

(D.9) =W. Rukmani (D.7) (dead)

(D.3) Binod (P. 1) Mana (P. 2)

Basanti (D.4) Santi (D.5)

4. According to the plaintiffs, the suit properties were the self-acquisition of Nisakar and Chuin and each of them were in separate possession of moiety interest therein as owners. Chuin adopted defendant No. 6 and gifted away his entire -/8/- annas to him