JUDGMENT :

S.K. Ray, J. - Plaintiff has filed this second appeal against the reversing judgment of Sri C.S. Misra, subordinate judge of Bargarh, dated the 20th November, 1964, passed in Title Appeal No. 59/656 of 1963, dismissing the suit.

2. The Plaintiff filed the suit for declaration that the deed of gift executed by Mst. Chhai, mother of Defendant-1, in favour of the latter on 20.5.1950, is not binding upon the Plaintiff and is inoperative and also claims the relief of recovery of possession of the land with the house thereon which is the subject-matter of the deed of gift.

3. It is necessary to set out the genealogy of the family from with the relationship of the parties will be clear.

Arjun

Khedu Bala

Bhara Chhai Narasi Pira Ranjit (Pltff.)

Usha-D-1 husband Nisamani (D-2)

According to the Plaintiff the suit-land along with other properties originally belonged to Arjun and after his death there was a partition between Khedu and Bala. The suit-land and the house described in schedule Ka and Kha were allotted to Khedu in that partition who in consequence remained in separate possession thereof. Upon the death of Khedu, Mst. Chhai succeeded him, and later on, she executed a registered de