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1954 Supreme(Ori) 20

PANIGRAHI, MOHAPATRA
PATTO PADHANUNI – Appellant
Versus
BHIKARI PADHANO – Respondent


Advocates Appeared:
A.L.J.Rao, B.Mohapatra, P.V.B.RAO

PANIGRAHI, C. J.

( 1 ) THE suit out of which this appeal arises was filed by one Bhikari Padhano who claimed to be the reversioner to the estate of one Krishna Padhano. The first defendant, Patto Padhanuni is the widow of the deceased Krishna. The plaintiff's case was that his father and the father of the deceased Krishna were brothers and that Krishna died leaving the first defendant as his only surviving heir. The second defendant was put up as having been adopted to Krishna and a formal deed of adoption, dated 6-8-1947 was executed by the first defendant in favour of the second. The plaintiff impugned this as a collusive document and as such challenges the title of the second defendant to succeed to the estate of the deceased Krishna. The plaintiff therefore prayed for a declaration that the adoption should be declared invalid and that the plaintiff, the next heir, to succeed to the properties left by Krishna.

( 2 ) THE first defendant contested the suit and averred that her deceased husband, krishna, had executed a registered deed of settlement dated 12-6-1939 under which he settled all his properties on her with full rights. Her further case was that he had also executed a r




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