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1967 Supreme(Pat) 103

H.MAHAPATRA
Narain Singh – Appellant
Versus
Sapurna Kuer – Respondent


Judgment

H.Mahapatra, J.

1. The plaintiff-appellant brought a suit for declaration of his title and recovery of possession over 9 decimals of land including a house on plot No. 216 appertaining to khata No. 444 in village Krit-pura. His case was that he had purchased for Rs. 1,000 the suit property by a sale deed dated 23rd of December, 1959 from Lallan and Rameshwar and has been in possession over the same since then. Lallan was a major and Rameshwar was a minor at the time when the sale deed was executed, the latter being represented by his mother as guardian in the document. Both Lallan and Rameshwar were the recipients of the property from their grand mother under a deed of gift dated 26th of December, 1949 (Ext. 1). Their donor was Jadhni Kuer who along with the present respondent No. 1 Sapurna Kuer had received the gift of properties including the suit property from Rainath Singh, the recorded tenant of the properties in question. That was in the year 1935. There is not much dispute about the deeds of gift or the way in which the property came to Lallan Singh and Rameshwar Singh, but the plaintiffs suit was resisted on the ground that the deed of sale dated 23rd December, 1959





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