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1973 Supreme(Ori) 16

B.K.RAY
UDAYANATH SAMAL – Appellant
Versus
SIRI DEI – Respondent


Advocates Appeared:
H.K.Jena, S.K.RAHANAMA

B. K. RAY, J.

( 1 ) DEFENDANT No. 1 is the appellant against a reversing judgment.

( 2 ) THE plaintiffs instituted the suit out of which this appeal arises for creating a charge upon the properties described in schedule B of the plaint for their maintenance at the rate of Rs. 50-00 per month and for Rs. 2,000-00 towards the marriage expenses of plaintiff No. 2. The Plaint case, in short is, as follows: plaintiff No. 1 is the wife and plaintiff No. 2 is the daughter of defendant No. 2. Defendants Nos. 1 and 2 are first cousins. Defendant No. 1 is separate in mess and property from defendant No. 2 since the time of their fathers. The properties described in Schedule B of the plaint belong to defendant No. 2 alone. Defendant no. I wanted his son to be adopted by defendant No. 2. Plaintiff No. 1 opposed this and hence defendant No. 1 bore a grudge against plaintiff No. 1. Defendant no. 1, therefore, instigated defendant No. 2 to ill-treat the plaintiffs and to stop maintaining them. Both defendants Nos: 1 and 2 are opium addicts. Under the influence of defendant No. 1, defendant No. 2 executed a sale deed in respect of the entire B schedule properties in favour of defendant No. 1 on












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