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1971 Supreme(Ori) 34

S.K.RAY
GURU CHARAN BEHARA – Appellant
Versus
ADIKANDA BEHARA – Respondent


Advocates Appeared:
A.K.Mohapatra, B.B.RATH, P.K.SENGUPTA, S.MOHANTY

S. K. RAY, J.

( 1 ) THIS is a second appeal by the plaintiffs from the concurrent decision dated 5-866 of Sri D. Hota, Subordinate Judge. . Kendranara. passed in Title Appeal No. 73 of 1966/172 of 1965 by which the suit has been dismissed.

( 2 ) PLAINTIFFS brought the suit for setting aside the sale-deed dated 7-4-61 executed by defendant 6 in favour of defendant 1. and for declaration that neither defendant-1. nor the original defendant-6 had, nor the present defendants 6 to 8 have any right, title or interest over any part of the suit-land, and also for declaration that plaintiffs have title and possession over the suit-land -and for permanent iniunction restraining defendants 1 to 5 from disturbing their possession over the same.

( 3 ) PLAINTIFFS 1 to 3 had a brother, named Durga Charan. Plaintiff-4 is their mother. Durga Charan died unmarried in a state of iointness with them. Before, his death, he had been betrothed to defendant No. 6. His marriage with defendant No. 6 could not take place on account of his death. Defendant-6 remained unmarried as nobodv else was willing to marry her as she had acquired an evil reputation on account of the death of Durga Charan to whom she







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