JUDGMENT :

B.P. Ray, J. - This is an appeal at the instance of the Defendant against the judgment and decree passed by the Civil Judge (Sr. Division), (the then Subordinate Judge) Sonepur in T.S. No. 35 of 1987 on its file. The suit was filed by the Respondent-Plaintiff seeking declaration that the suit truck bearing Registration No. ORU-5767 belong to the Plaintiff. Learned Civil Judge (Sr. Dvn.) has decreed the suit in favour of the Plaintiff, vide the impugned judgment and decree.

2. The case of the plaint in the Court below is that the suit truck originally belonged to the partnership firm of one Abhaya Mohanty (P.W.2) and Natabar Mohanty (P.W.1) which was purchased by the Plaintiff in the name of Defendant-Appellant on consideration of Rs. 60,000/- payable in four equal instalments within a period from 2-2-1977 to 2-10-1980. After payment of the consideration money, on the request of the Plaintiff the suit truck was transferred in the name of the Defendant-Appellant, who was the foster son of the Plaintiff. But after registration of the same, as the relationship between the Plaintiff and the Defendant became strain, the Defendant made a claim over the suit truck and also went to