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1992 Supreme(Ori) 87

B.N.DASH
DULANA DEI ALIAS DOLENA DEI – Appellant
Versus
BALARAM SAHU – Respondent


Advocates Appeared:
B.M.PATNAIK, J.M.Das, M.Patra, S.K.PADHI, S.S.DAS, U.S.PATNAIK

B. N. DASH, J.

( 1 ) THIS appeal by the plaintiff is against a reversing judgement.

( 2 ) ADMITTEDLY, Narayan Prasad Patnaik and Umasankar Patnaik (respondents 4 and 5 who were defendants 1 and 2 in the suit) were the owners of the suit land measuring 68 decimals in plot No. 1653 under Khata No. 101 of village Iswarpal, Samil Kadelipal and they executed a registered sale deed dated 6-5-1971 (Ext. 1) for a consideration of Rupees 3,000/- in favour of Bela Bewa, the mother of the plaintiff-appellant Dulan Dai. Thereafter, they cancelled the said sale deed on 30-4-1973 by Ext. 1 on the ground of nonpayment of consideration and re-sold the suit land in favour of respondents 1 to 3 (Defendants 3 to 5) by a registered sale deed dated 4-2-1977 (Ext. 8 ). There is also no controversy that Bela Bewa died in 1976.

( 3 ) THE case of the appellant-plaintiff is that before execution of the registered sale deed in favour of her mother, there was a written contract for sale of the suit land on 12-3-1971 between the vendors and the vendee on payment of Rs. 1,700/- by the vendee to the vendors and after execution of such contract for sale the vendors delivered possession of the suit land to the v













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