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1973 Supreme(Ori) 102

G.K.MISRA
CHANDRA SEKHAR PATI – Appellant
Versus
AHALYA DEVI – Respondent


Advocates Appeared:
D.MOHANTY, L.K.DAS GUPTA, M.Patra, P.V.Ramdas

G. K. MISRA, C. J.

( 1 ) PLAINTIFFS are the appellants. Defendant No. 1 is the wife of the defendant No. 2. Defendant No. 3 is the father of defendant No. 1. Defendant No. 4 is the Marfatdar of the deity-landlord from whom defendants 1 and 2 claim to have obtained a lease. Deceased defendant No. 5 transferred the disputed land to the plaintiffs by a registered sale deed Ext. 2 dated 5-7-1961 for Rs. 200/ -. She died during the pendency of the suit without leaving any heirs and has not been substituted. Plaintiff's case is that the disputed property belonged to P. Somalingam, the husband of deceased defendant No. 5. He was unheard of and was presumed to be dead. Plaintiffs base their title on Ext. 2. The suit was filed in 1965. The suit is for declaration of title and recovery of possession. Defendant No. 1 claims title to the disputed property on the strength of a registered deed of lease Exhibit A dated 73-1944 from defendant No. 4. Defendants 1 and 2 also claim title by adverse possession. Plaintiffs made out a case in the plaint that when defendant No. 5 and her husband decided to go away to Parlakhemundi they wanted somebody to look after their house. Defendant No. 3 was known










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