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1960 Supreme(Ori) 19

S.P.MOHAPATRA
BEHERANI – Appellant
Versus
DHORMU GOWDO – Respondent


Advocates Appeared:
B.K.PAL, H.G.Panda

S. P. MOHAPATRA, J.

( 1 ) THIS is a plaintiff's second appeal against the confirming judgments of the Courts below for declaration, of title and for possession in respect of the lands, descriptions of which are given in the schedule attached to the plaint, the area being 1. 60. Plaintiff is the widowed sister of defendant. According to the plaintiff's version the suit lands were allotted to her in a family partition on the basis of an award (Ext. 6 dated 28-3-1942 ). The award was duly registered and accordingly the plaintiff was in possession in lieu of her maintenance as fixed by arbitrators. The defendant was the cultivating lessee in respect of the disputed lands but as he refused to vacate the present suit has been brought. The defence was that this property was allotted to the defendant in the family partition and there was a subsequent material alteration in the award allotting the property to the plaintiff. The terms of the award having been materially altered, they are not effective. The defence has taken up a stronger point also that the award so far as the property is concerned is without jurisdiction and the plaintiff cannot claim any right, title or interest on the ba


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