G. K. MISRA, J.

( 1 ) DEFENDANT-3 is the appellant. Plaintiff's case is as follows: The disputed property belonged to late Madhu Mohapatra. Madhu adopted late Antarjyami, father of the plaintiff. Paluni, widow of Madhu, died on August 21, 1957. During the settlement operations of 1916, Paluni and Antarjyami did not pull on well. Palu'ni claimed maintenance. The matter was decided in her favour by the Superintendent of the ex-State of Nayagarh. In Miscellaneous case No. 27 of 1916-17, the Deputy commissioner of Angul passed the following order:

"i dismiss the appeal and direct that the land be divided into two equal shares. Half will be recorded in the name of Paluni as her maintenance. She will enjoy the land until her death. The other half will be recorded in the name of Antarjyami with Paluni as guardian. She will have full right to arrange for the cultivation of her share of the land until her death. "

After this decision, there existed good feelings between Paluni and Antarjyami and they continued to live together. Paluni and the plaintiff also lived together after the death of Antarjyami. On February 28, 1957 she executed a registered sale deed (Ex. A) in respect of the disput