Judgement

MOHAPATRA, J. :-

This second appeal has been filed by defendants 1 and 2 against the reversing judgment of Sri T.V. Rao, Subordinate Judge of Balasore, dated 15th July 1950, arising out of a suit brought by the original plaintiff Kangali Naik for declaration of title, for confirmation of possession, or, in the alternative, recovery of possession. Rushi and Kangali (the original plaintiff) were two brothers.

Rushi is long dead leaving behind him his two sons Bhagirathi and Bdlaram. Both the brothers Bhagirathi and Balaram died in the same month, that is, October-November of 1939 and at an interval of nearly 10 or 12 days as the deaths were due to cholera. But nevertheless it is the admitted position that Balaram died first leaving behind him his only heir the widow Pitei. Pitei died after April 1944. Bhagirathi died leaving behind him his widow Keluni (defendant No. 1) and his daughter Malati (defendant No. 2), It is in respect of the interest of Balaram that the present controversy arises.

According to the plaintiff, Balaram and Bhagirathi were separate, and Balaram having died leaving his only heir the widow Pitei and after the death of Pitei, Kangali, the paternal uncle of