JUDGMENT :

Mohapatra, J. - This appeal has been filed by Defendant No. 1 against the judgment dated 20-9-50 of Sri A. Misra, Subordinate Judge of Kenojhar confirming the decision of the trial Court. The Plaintiff's suit is one for declaration of his title on the basis that he is the adopted son of Gopi and for conformation of possession or in the alternative for recovery of possession. One Bauri Nath had four sons, Ainthu, Chaitan, Gopi and Fakir. After the death of Bauri, Ainthu separated from the other three brothers and enjoyed his four annas share separately. Thereafter Fakir (Defendant No. 1) separated and possessed his four annas interest separately since 1335. Chaitan and Gopi remained joint. Chaitan died leaving his two daughters Naba and Lata. Natabar first married Naba and after he death of Naba be also married Lata. The Plaintiff is the natural born son of Natabar and Lata. According to the Plaintiff, be was adopted by Gopi in the year 1945. Defendants 2 and 3 are the sons of Ainthu (deceased). Chaitan died in 1854 and Gopi died only a year after. The Defendants having got their names mutated in respect of the disputed properties threatened to dispossess the Plaintiff. So