JUDGMENT

V. GOPALA GOWDA, C.J. — This Letter Patent Appeal of the High Court is filed by the appellant-Ist Defendant under Chapter-VI of the Rules of High Court Orissa, 1948 questioning the correctness of the judgment dated 1.8.2000 passed by the learned Single Judge of this Court in F.A. No.359 of 1986 affirming the judgment and decree dated 30th September, 1986 passed by learned Additional Subordinate Judge, Cuttack (hereinafter ‘trial Judge’ in short) in Title Suit No.348 of 1980 urging various facts and legal contentions and prayed for setting aside the impugned judgment passed by the learned Single Judge in the aforesaid First Appeal and the judgment of the learned trial Judge urging various facts and legal grounds. For the sake of bravity, the parties as referred to as per their ranking assigned in the plaint presented before the trial Court.

2.The brief facts are stated for the purpose of appreciating the rival legal contentions urged on behalf of the parties with a view to answer the points that would rise for consideration of this Court.

The plaintiff-daughter of deceased late Kumar Charan Sahoo who died in the year 1969 leaving behind plaintiff and defendants, filed the suit