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1977 Supreme(Ori) 85

S.ACHARYA
Khirod Chandra Mohanty – Appellant
Versus
Banshidhar Khatua – Respondent


Advocates Appeared:
B.H. Mohanty, S.K. Mohanty, P.K. Sahoo, and P.K. Patnaik, for Appellant; N. Mukherjee, for Respondents.

Judgement

JUDGMENT :- Defendant No. 1 in Title Suit No. 264/14 of 1967/72 has preferred this appeal against the decision of the Court below in title Appeal No. 36/73 confirming that of the trial court.

2. The plaintiffs case, in short, is that in the family partition between Gouranga and his two brothers, the suit lands described in schedules A and B of the plaint fell to the share of Gouranga. Gouranga died on 25-9-66 leaving behind him his widow Dalimba, who was defendant No. 2 in the suit. Gouranga had alienated 29 decimal of land, described in schedule A of the plaint, in favour of plaintiffs 1 and 2 by two registered sale deeds dated 11-8-62 and 22-7-68. He also had sold the rest Ac. 4.11 decimals of land as per the registered sale deed dated 31-7-63 in favour of Latika, defendant No. 3, the wife of defendant No. 4. Defendant No. 3 thereafter alienated Ac. 8.50 decimals 6 Biswas of land, described in shedule B of the plaint, in favour of plaintiffs 3 to 10 by different registered sale deeds and these plaintiffs accordingly acquired valid title to the said properties. Defendant No. 1 (appellant herein) was not the adopted son of Gouranga and he had absolutely no right, title or



















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