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1960 Supreme(Ori) 9

S.BARMAN
MICHHU KUANR – Appellant
Versus
RAGHU JENA – Respondent


Advocates Appeared:
G.K.Mishra, P.C.CHATTERJI

S. BARMAN, J.

( 1 ) THE unsuccessful defendants in both the Courts below, being defendants Michhu Kuanr, Chema Kuanr and Sarabhu Kuanr, are the appellants in this second appeal from a confirming decision of the learned Subordinate Judge, Keonjhar, whereby he confirmed the decision of the learned Munsif, Anandapur, in Title Suit No. 123 of 1951.

( 2 ) THE dispute between the parties relates to a plot of land 1. 83 acres fully described in the plaint schedule. The relevant facts leading to the present litigation between the parties are shortly stated, these: On March 22, 1949 one Aparti Kuanr being defendant No. 2 in the suit (now pro forma respondent No. 5 in this appeal) by a registered sale deed (Ex. 1) sold the suit land-area 1. 83 acres as aforesaid to the plaintiffs-respondents Raghu Jena, Radhu Jena, Juja Jena and Budhj Jena (hereinafter referred to as the Jena Plaintiffs-respondents) for a consideration of Rs. 500/- said to have been received in cash by the said vendor Aparti Kuanr. Eight months thereafter on November 29, 1949 the said Aparti Kuanr appears to have executed a deed of cancellation (Ext. A) of his sale deed (Ext. 1 ). By the said document the said Aparti Kuanr









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