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1965 Supreme(Ori) 65

G.K.MISRA
BAMAN CHANDRA ACHARYA – Appellant
Versus
BALARAM ACHARYA – Respondent


Advocates Appeared:
B.Mohapatra, J.RATH, L.S.MISHRA, M.M.SAHU, R.MOHANTY, R.N.Mishra

G. K. MISRA, J.

( 1 ) PETITIONERS 2 and 3 are respectively the son and daughter of petitioner No. 1. Title suit No. 197 of 1956 (hereinafter referred to as the suit) was filed by oppparty 1 (Plaintiff) in the Court of the Munsif. Second Court, Cuttack on 5-10-50. for partition. Plaintiff's title is based on purchase of eight pies interest of madhusudhan Das on 5-10-55 in court auction on 7-5-1956 oi Surendranath Sur and others (defendants 10 (a) to (f)) According to the plaintiff, his vendors defendants 19 (a) to (f) had purchased the property and obtained delivery of possession in 1936 A preliminary decree was passed e. x parle on 4-11-58. The petitioners claimed two annas eleven pies and 1 Biswa interest in the suit properties on the strength of three registered sale deeds executed in favour of the deceased wife of petitioner 1 on 30-5-47. 1-1-49 and 3-1-49 As the tenure vested in the State of Orissa. there was dispute between the plaintiff and the petitioners regarding payment of compensation Order dated 19-1-62 of the Compensation officer, Tenure Section, in Compensation Case No. 470 of 1960, shows that the three sale deeds of the petitioners and the preliminary decree in the





















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