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1982 Supreme(Ori) 155

P.K.MOHANTY, B.N.MISRA
Manohari Devi – Appellant
Versus
Choudhury Sibanava Das – Respondent


Advocates Appeared:
N. Mukherjee, for Appellants; B. Patnaik, R. Mohanty and Mrs. A. K. Padhi, for Respondents.

Judgement

B. N. MISRA, J.:- Plaintiffs 1, 2 and 3 wives of brothers Puranmal, Matrumal and Prabhudayal respectively, have preferred this appeal against the judgment and decree of the learned 4th. Additional subordinate Judge, Cuttack dismissing their suit for specific performance of contract. Choudhury Sibanava Das is defendant No. 1. The late Durgabati Devi was his first wife and defendants 2 to 4 are his sons and defendants 5 to 7 are his daughters through the late Durgabati. Defendant No. 8, Satyabhama Devi is the second wife of defendant No. 1 and defendants 9 to 11 are the adult sons and defendants 12 to 15 are the minor sons of defendant No. 1 through Satyabhama. The properties described in Schedules A and B appended to the plaint form the subject matter of dispute between the parties. Schedule A comprises Ac. 0.063 decimals of land together with a portion of the house appertaining to plot No. 422 of C.S. Khata No. 163 and Schedule B comprises Ac. 0.041-5 links of land together with a portion of the same house appertaining to plot No. 422/1 of C.S. Khata No. 163. The house and the lands are situated at Manikghose bazar in the city of Cuttack.

2. The plaintiffs case may be brief

































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