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1996 Supreme(SC) 2146

G.T.NANAVATI, K.RAMASWAMY
Parbati Devi – Appellant
Versus
Purna Patra – Respondent


ORDER

Substitution allowed.

2. This appeal, by special leave, arises from the reversing judgment of the High Court of Orissa in Second Appeal No. 8/75, dated 2.8.1978. The admitted position is that in Suit No. 29/23 of 1937 in the Court of Small Causes, execution was laid in M.S. No. 217/37. 1/4th share of the property bearing Touzi Nos. 2498 and 2503/354 was brought to sale on 16.2.1938. One Babu Suryanarayan, a practicing advocate of that court, had become the auction purchaser. He had the possession of the 1/4th specified share therein from the Court. Subsequently, he sold the self-same property by a registered sale deed in 1940 to one Hemamali Devi, daughter of another practicing advocate. Hemamali Devi in turn sold the property to the appellant in 1950 under Ex. 2(A), dated 14.10.1950. On the basis thereof, the appellant filed the suit for partition. The respondents had purchased the property and other properties from the judgment-debtor in the suit. They disclaimed the purchase made by Babu Suryanarayan and his sale in favour of Hemamali Devi and further sale in favour of the appellant. Thus it is a case of total denial of the title of the appellant. The trial Court decreed











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