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1972 Supreme(Ori) 72

B.K.PATRA
TRINATH PARIDA – Appellant
Versus
SOBHA BHOLAINI – Respondent


Advocates Appeared:
A.K.Padhi, H.G.Panda, R.C.PATNAIK

PATRA, J.

( 1 ) THE defendant is the appellant. The suit was filed for the issue of a permanent injunction restraining the defendant from entering on the disputed land measuring 0. 70 acre and for recovery of possession thereof if it was found that the defendant had clearly trespassed on the same. One Bina Bhol had two daughters, namely. Sundari and Kumari (plaintiff No. 2 ). Sundari died about six years back fin about 1958) leaving behind her husband Trinath the defendant and a daughter by name basanti. Bina Bhol died in 1962 and plaintiff No. 1 Sobha is Ms widow.

( 2 ) IT is the plaintiffs case that on 12-7-1950, Bina Bhol purchased the disputed land benami in the name of his daughter Sundari. In spite of such purchase, however. Bina remained in possession thereof in his own right till his death. After bina's death, the property was enjoyed by his widow and the surviving daughter kumari plaintiff No. 2. After Bina's death, plaintiff No. 1 executed a deed of gift in respect of the same in favour of plaintiff No. 2. After Sundari's death, defendant married again and thereafter taking advantage of the fact that the sale deed in respect of the disputed land stood in the name of his







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