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1960 Supreme(Ori) 109

S.BARMAN
TILA BEWA – Appellant
Versus
MANA BEWA – Respondent


Advocates Appeared:
D.N.Biswal, R.N.SINHA, S.K.MOHANTY

S. BARMAN, J.

( 1 ) THE plaintiff is the appellant, in this second appeal, from a decision of the learned Subordinate Judge of Cuttack, whereby he allowed in part, an appeal from the decision or the learned Munsif, Cuttack and decreed the plaintiff's suit with certain conditions.

( 2 ) THE plaintiff is the daughter-in-law of the defendant, as appears from a short genealogical table set out below-Mana Bawa first Wife=natbar (dead)=tila Bewa (Plaintiff)

( 3 ) ON May 10, 1951, the defendant mother-in-law gifted away the suit lands in favour of the plaintiff daughter-in-law, by a registered deed of gift (Ext. 1 ). Until 1953, the plaintiff remained in possession of the suit lands and lived with her husband Natabar who died in 1953, After Natabar's death, the plaintiff lived with the defendant mother-in-law till 1954. In 1954, the plaintiff having been neglected by the mother-in-law she (plaintiff) left for her father's house. Thereafter the plaintiff a applied for mutation in respect of the suit lands. On May 31, 1954 the defendant mother-in-law executed a deed of cancellation of the gift deed (Ext. A ). Thereafter on September 19, 1954, this suit was filed by the plaintiff for decla







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