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1966 Supreme(Ori) 34

G.K.MISRA
SUDHAKAR SAHU – Appellant
Versus
ACHUTANANDA PATEL – Respondent


Advocates Appeared:
B.B.SAHU, H.SEN, R.C.PATNAIK, R.N.MISRA

G. K. MISRA, J.

( 1 ) THE suit lands admittedly belonged to Chandrasekhar Sahu, the deceased husband of Malati (defendant No. 7 ). After the death of Chandra Sekhar and his son Narayan, defendant 7 had title to and possession in the disputed properties. She sold the disputed lands to the plaintiffs by two registered sale deeds (Exs. 4 and 5) for Rs. 3,000. on 6-9-1956. Plaintiffs' case is that they got delivery of possession under the registered sale deeds; but defendants 1 to 6 trespassed thereupon in May, 1958. The suit was filed on 18-3-1960. Defendants 1 and 8 to 6 claimed no title to the property and pleaded that there was no cause of action against them. Defendant No. 7 admitted plaintiff's claim that she had executed the two sale deeds on payment of consideration. Defendant No. 2 alone contested the suit. His case is that the two sale deeds (Exs. 4 and 5) were collusive and without considera-ti0n. The basis of his claim is that when Narayan was lying ill, defdt. No. 7 gave the disputed lands to him in 1955 on bhag basis for cultivation. During narayan's illness defendant 7 borrowed Rs. 1,100 from him by various instalments and being unable to repay the said amount she verba










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