Judgement

JUDGMENT :- The plaintiffs have preferred this appeal against the confirming decision of the court below. The not was for declaration of title and confirmation of possession in respect of a house in Puri town described in lot No. 1 of the plaint schedule and some lands situated in village Rebana Nuagan described in lot No. 2 of the plaint schedule, and for other consequential reliefs.

2. Admittedly Nitei Dasi was the owner of the suit properties.

3. According to the plaintiffs:-

The said Nitei Dasi endowed the suit properties in favour of plaintiff No. 1, a deity installed by her in her house, and after the said endowment she, as the Marfatdar of the deity, was in management of the suit properties and was performing the Sebapuja of that deity. Subsequently on 11-5-63 she made a gift (Ext. 4) of the suit properties in favour of plaintiff No. 2 and appointed him as the Marfatdar of the deity. Thereafter plaintiff No. 2 possessed the suit properties as the Marfatdar of plaintiff No. 1. Defendant No. 2, a dose associate of Nitei Dasi, became jealous of plaintiff No.2, and somehow, obtained from Nitei Dasi some fraudulent documents, the contents and import of which were not known