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1968 Supreme(Ori) 90

G.K.MISRA
BELA DIBYA – Appellant
Versus
RAMKISHORE MOHANTY – Respondent


G. K. MISRA, J.

( 1 ) ONE Kashinath Tiadi had two sons, Hrudananda and Rama. Bela Dibya (decreeholder)is the widow of Kama. She brought Title Suit No. 234 of 1948 in the Court of the Munsif, Kendrapara, for maintenance against her husband's son as Rama ied in joint status and the entire joint family property devolved upon hrudananda's branch. The suit was decreed and a charge was created in her favour in respect of the disputed property and other properties (Lots 1 to 4 ). In execution Case No. 127 of 1959 Lot No, 1 was put to auction sale for Rs. 87-55 paise. In the proclamation for sale the charge on Lot No. 1 was not mentioned. On 16-11-59 Rajkishore Mohanty (auction-purchaser-respondent) purchased lot, No. 1 in auction sale for Rs. 200/ -. The decree-holder (appellant) withdrew her decretal dues with costs. The sale was confirmed on 23-12-59 and the sale certificate was issued on 22-1-60. Respondent took delivery of possession on 10-4-60. The decree-holder again started Execution case No. 77/62 for Rs. 144/- and for costs against the previous judgment-debtors and the respondent. She advertised for sale all the lots of properties including lot no. 1, Respondent filed an objecti










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