DUTIA SABATO Vs. RAGHAVA BLSSOYI AND ANR.

JUDGEMENT

(1.) PLAINTIFF Respondent No. 1 filed a suit for declaration of tide to and recovery of possession of 10.51 acres of land and asked for setting aside on alienation of the suit property made by Defendant No. 1 (Respondent No. 1) in favour of Defendant No. 2 (Appellant). The genealogy below shows the relationship of the parties:

(2.) DEFENDANT No. 2 alone contested by contending that the property belonged to Maguni exclusively and he was the grantee of the Inam as, Estate Paik of the ex -intermediary of Badogodo. After Maguni, his widow Soli enjoyed the disputed property exclusively and was rendering service. After Soli, Defendant No. 1 came to possess the property. The maintainability of the, suit was challenged on account of res judicata and by operation of law as provided under Order 2 Rule 2 of the Code of Civil Procedure. It was contended that there was a complete partition between Maguni and Plaintiff.

(3.) PLAINTIFF came in appeal to this Court in First Appeal No. 61 of 1969 and there was a compromise between Plaintiff and Defendant No. 1, where under Defendant No. 1 relinquished half of the disputed property in favour of Plaintiff.