JUDGMENT :

A.K. Rath, J.

Plaintiffs are the appellants against a confirming judgment. The suit was for declaration of title, confirmation of possession and in the alternative recovery of possession and for permanent injunction.

2. The case of the plaintiffs is that one Baidyanath Sarangi had two sons, namely, Basudev and Bamadev, plaintiff no.2. While they were living jointly, they sold a piece of ancestral land. Out of the sale proceeds, Basudev purchased the suit land. The suit property was acquired out of joint family fund. Plaintiff no.2 had share over it. Basudev, after death of his wife, adopted Chandrama, plaintiff no.1, daughter of Bamadev as his daughter about 16 years back and gave her marriage with Ramesh Chandra Mishra. After marriage, plaintiff no.1 and her husband resided in the house of Basudev. While the matter stood thus, Basudev fell ill. Defendant no.2, who is the son of maternal uncle of Basudev, fraudulently got a registered deed of gift on 16.8.78 in favour of his son, Kishore Chandra Mishra, defendant no.1. The gift deed had not been acted upon. After death of Basudev, plaintiff no.1 enjoyed the suit property and used to pay rent. It was further pleaded that in