JUDGMENT :

Dr. A.K. Rath, J.

This is a plaintiff’s appeal in a suit for permanent injunction.

2. The case of the plaintiff is that he is the adopted son of Purandar Pradhan and defendant no.1. Purandar Pradhan was the Gountia of village Purunagarh. After death of his father, he inherited Gountiship as well as the land attached to the said Gountiship. He made an application for mutation of the land. The same was allowed and the land was mutated in his name. But then his mother, defendant no.1 preferred mutation appeal. The same was dismissed. Notwithstanding dismissal of the mutation appeal, land in question had been settled with defendant no.1 in the Bhogra conversion proceeding. No notice was served on him. The order of settlement was invalid and inoperative since defendant no.1 was not the Gountia of the village and, as such, land could not be settled in her favour. While the matter stood thus, defendant no.1 filed Title Suit No.2 of 1973 claiming exclusive right, title and interest in respect of the entire properties on the basis of the settlement in her favour and for a declaration that the plaintiff was not her adopted son, in the alternative for partition of the properties. Lear