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1976 Supreme(Ori) 48

S.ACHARYA
Indramani Bedbagis – Appellant
Versus
Hema Dibya – Respondent


Advocates Appeared:
K.M. Swain and L. Biswal, for Appellant; M.M. Das, for Respondent No. 1.

Judgement

JUDGMENT:- Plaintiff No. 1 has preferred this appeal against the decision of the Additional District Judge, Cuttack in Title Appeal No. 44/72 reversing the decision of the First Munsif, Cuttack in Title Suit No. 104/66.

2. Plaintiff No. 2 has been impleaded as pro forma respondent No. 3 in this appeal.

3. The admitted genealogical tree is given below:-

4. The plaintiffs have filed this suit for a declaration that they, being related to Narasingha alias Garudadhwaja Bedbagis in the manner as shown in the abovementioned genealogical table, are the only legal heirs and successors of the said Narasingha who died in the year 1962. The plaintiffs state that defendant No. 1, Hema Dei (respondent No. 1 herein), is a stranger to the family and was not the legally married wife of Narasingha, and so the succession certificate granted in her favour on the basis of her false claim as the widow of late Narasingha should not have been granted. In paragraph 4 of the plaint it is stated that the Life Insurance amount of Rs. 1,000/which has fallen due for payment on the death of Narasingha has to be paid to the legal heirs of the deceased.

5. The Divisional Manager of the Insurance Company, wh








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