BEHERA, J.

( 1 ) CHAMPA Dibya, who originally figured as the respondent 1 and has been substituted on her death by the respondent 1/a Bhabani Dei, had instituted a suit for declaration of her title over B, C and D schedule lands after setting aside the deeds of gift in respect of B and C schedule lands (Exts. A and A (1)) said to have been executed by her in favour of appellant 1 and respondent 3 who had figured as defendants 2 and 4 respectively in the suit and the sale deed said to have been executed by her in favour of appellant 3 (defendant 5) which had been got executed by appellant 2, one of the gift deeds being in favour of his son (appellant 1) (defendant 2) then a minor who has attained majority, by practising fraud and deception and by falsely representing to her that she should execute a power-of-attorney in favour of appellant 2 to effectively look after her properties. The case of the deceased respondent Champa was that her late husband Gobardhan had three brothers, namely, Dhoi, Jagannath and Chakradhar, who were members of a joint family and the lands mentioned in schedules B, C and Dformed parts of the schedule A lands which were the joint family properties of the