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1974 Supreme(Ori) 29

R.N.MISRA
SUNAMANI DEI – Appellant
Versus
BABAJI DAS – Respondent


Advocates Appeared:
B.PATNAIK, MIRA DAS

R. N. MISRA, J.

( 1 ) THE plaintiff, a minor, had filed a suit on 30-7-63 for cancellation of two alienations made by Rajani Bewa (plaintiff's mother), defendant No. 3, for self and as mother guardian of the plaintiff on 19-7-62 (Ext. A) in favour of the defendant no. 1 and 23-7-62 (Ext. A1) in favour of the defendant No. 2. The plaintiff was represented by her grandmother. Ext. A was an alienation for Rs. 800/ -. We are not concerned with the other alienation as it has been set aside in the courts below and has become final in the absence of any appeal.

( 2 ) THE plaintiff claimed that his mother was insane; the alienation of family property was without any legal necessity and not knowing the actual effect of her own acts the defendant No. 3 had made the alienation contrary to the minor's interest

( 3 ) THE defendant No. 1 took the plea that the defendant No. 3 was not insane as alleged. She paid a consideration of Rs. 800/- under Ext. A on being satisfied by enquiry that there was need for buying a more conveniently situated residential house for the minor and the defendant No. 3. As a fact on the self same day a different house site was acquired by the plaintiff and the defend







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