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1983 Supreme(Pat) 197

S.ROY
Ahallaya Bala Gorain & Ahalaya Gorain – Appellant
Versus
Shrimati Bisakhu Debi – Respondent


Advocates:
Advocate Appeared:
For the appellant – M/s. N.K. Prasad, P. K. Prasad and &. M. Sahu.
For the respondents - M/s. Debi Prasad, A. Sahay & Miss. I. Choudhary. (In both the appeals).

JUDGMENT :

Satyeshwar Roy, J.

Title Suit Nos, 113 of 1972 and 161 or 1975 were heard analogous and were disposed of by one JUDGMENT :. Both the suits were decreed. The appellant who was defendant no. 2 in both the suits filed two appeals, namely Title appeal No. 31 of 1979 and Title Appeal No. 33, of 1979. Both the appeals were heard together and were dismissed by a common JUDGMENT :. These appeals arise out of the JUDGMENT : and decree passed in those two appeals.

2. The admitted facts are that the plot in question belonged to one Baidyanath Gorai. According to the defendant no.2/appellant, on 27.12.1965, Baidyanath Gorai Bold to the appellant his wife the whole of the plot in question, besides other properties. According to the plaints of both the suits on 17.4.1972, Paidyanath transferred paras of the plot in question, that is plot no. 926 by two different sale deeds each of the respondents. According to the appellant, in view of the fact that on 22.12.1965 Baidyanath Gorai had already transferred the property by a registered deed to her, he had no interest left in the property which he could have transferred to the respondent on 17.4.1972.

3. It appears that Baidyanath on 18.5.1972



















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