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1967 Supreme(Ori) 28

G.K.MISRA
AMARA DEI – Appellant
Versus
ARJUNA DHAL – Respondent


Advocates Appeared:
J.M.MITRA, L.K.DAS GUPTA, R.N.SINHA, S.C.Ghose, S.S.BASU

G. K. MISRA, J.

( 1 ) BHOBANI and Sapani were brothers. Plaintiff is the son of Bhobani. Sapani died 30 years ago leaving behind his widowed daughter Ajodhya, who was married to dibakar. Both of them are dead and used to reside in the house of Sapani after his death. Amari (defendant) is the foster daughter of Ajodhya. The disputed property comprises of four plots -- plot 1621 - -. 16 acre, plot 1626 - -. 64 acre, plot 1618 -. 10 acre and plot 1617 - -. 06 acre. Sapani executed a registered deed of gift (Ex. C) in favour of Ajodhya on 9-7-26 in respect of undivided half share in plots 1618, 1621 and 1626. He executed a registered deed of sale (Ex. D) in favour of Dibakar on 25-5-32 in respect of undivided half of plot 1617. Sapani predeceased Ajodhya and on his death, his interest in plot 1617 devolved upon Ajodhya. Thus Ajodhya became the owner in possession of the undivided half of the disputed lands. She executed a registered deed of gift (Ex. B) on 20-6-59 in favour of the defendant in respect of her entire interest in the disputed lands. Plaintiff's suit is for partition of the undivided homestead and for purchase of the interest of the defendant in the undivided homestead un



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