GUNDICHA ROUTHO Vs. ESWARA RAUTHO

JUDGEMENT

(1.) THIS defendant's appeal arises out of a suit for declaration of title and recovery of possession.

(2.) PLAINTIFF-RESPONDENT Eswar and Raghunath are two divided brothers. The appellant Gundicha is the son of Haghunath. It is the caste of the plaintiff that in the family partition ho got the properties mentioned in Schedule A and he himself acquired the properties mentioned in Schedules B and C, the suit house, out of his own funds. He wanted to stay with his only surviving daughter Jamhu for the remaining part of his life. His brother Raghunath, however, dissuaded him from doing so and promised that he would keep his son Gimdicha (appellant) and his wife and child with the plaintiff so that they would look after him. Accordingly the plaintiff brought Gundicha and his wife and child to his house in 1952 and executed a dead (Ex. 1) on 6-5-1932, the main condition of the dated being that gundicha will look after his comforts, but instead of doing that he forcibly dispossessed the plaintiff from out of Schedules D land and C, the suit house. The plaintiff has filed the present suit for recovery of the said properties and for mesne profits.

(3.) THE defendant claimed that he was adopted by Iswar sometime in March, 1945. On 6-3-1952 Iswar executed a deed of adoption wherein he acknowledged that the appellant was previously adopted by him. He stayed in the house of the plaintiff as his adopted son since 1945. Though there was no formal partition between him and the plaintiff, the latter gave him the Schedule D properties which represent approximately one half of the landed properties. The plaintiff under the ill-advice of his son-in-law now disowns the adoption and has brought the suit.