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1962 Supreme(Ori) 10

R.K.DASH
TARA SAHUANI – Appellant
Versus
RAGHUNATH SAHU – Respondent


Advocates Appeared:
H.G.Panda, RANJIT MOHANTY, S.K.Panda

R. K. DAS, J.

( 1 ) THIS is a defendants' appeal against a decision dated 16-7-60 of Sri C. Mahapatra. Additional District Judge of Berhampur, reversing a decision dated 228-58 of Sri S. Naik, Munsif of Berhampur in Title Suit No. 124/56.

( 2 ) THE appeal arises under the following circumstances; One Adikanda Sahu had four daughters, Tara (defdt. I), Surekha, (defdt. 2), Rajamani (defendant 3), chandra (who is riot a defdt. here) and the only son Raghunath the present plaintiff. Defendants 4 and 5 are the husbands of defendants 1 and 3 respectively, and defendants 6 to 14 are tenants in possession of the suit land. On 20th April, 1941, Adikanda by a registered deed of settlement (Ext. A) settled the suit-property comprising 7. 31 acres situate in Mouza Pra-tapkrishna Chandrapur in the district of Ganjam, in favour of his wife Mukta and daughters, defendants 1 to 3, stipulating Mukta to have life-interest and after her death the property was to goto her daughters defendants 1 to 3. In accordance with the aforesaid Ext. A, mutation was made in favour of Mukta and defendant 1 to 3 in 1947 (Ext. B ). Adikanda died in March 1953 and his widow mukta in December 1953. Thereafter the def



















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