JUDGMENT :

A.S. Naidu, J. - The Judgment and decree dated 14.3.1989 passed in Title Appeal No. 8 of 1988 by the then Subordinate Judge, Boudh confirming the Judgment and decree dated 22.2.1988 passed by the then Learned Munsif, Boudh in Title Suit No. 2 of 1987 is assailed in this Second Appeal by Defendant No. 1.

2. The facts of the case had been elaborately described in the Judgments passed by both the Courts. Therefore, this Court refrains from reiterating the same, but then refers to only those facts, which are necessary for proper appreciation of the inter se disputes.

The Plaintiff is the daughter of one Tirtha. After the death of Tirtha, her mother, Laxmi re-married one Arta, cousin brother of Tirtha. Out of the said wedlock Defendants 1 and 2 were born. According to the Plaintiff, the suit properties exclusively belonged to Tirtha, her father and had been recorded in the name of the Plaintiff in Mutation Case No. 322 of 1979. It is further averred that the Defendants also filed a Mutation case, but the order passed in their favour, being objected was set aside in appeal. Thus, according to the Plaintiff she was the exclusive owner having inherited the suit properties from her