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1996 Supreme(Ori) 47

P.K.MISRA
GOLAKA CHANDRA NAYAK – Appellant
Versus
GOBINDA NAYAK – Respondent


Advocates Appeared:
B.PATNAIK, M.R.PATRA

P. K. MISRA, J.


( 1 ) PLAINTIFF is the appellant against a reversing decision,

( 2 ) TITLE Suit No. 121 of 1974 was filed in the Court of the Munsif, Kendrapara, seeking for a declaration that the sale deed dated 28-7 1938 (Ext. 2) in favour of defendant No. 22 and sale deed dated 20-1-1939 (Ext. C) in favour of Nityananda, the predecessor-in-interest of defendants 1, 2 and 3, executed by Rajan Bewa, are invalid and inoperative and for declaration of plaintiffs title in respect of Schedule B and C properties; recovery of possession of the Schedule B and C properties if the plaintiff is found to have been dispossessed therefrom and permanent injunction restraining defendants 1, 2 and 22 from interfering with the possession of the plaintiff. A long genealogy has been appended as Schedule A to the plaint. Though initially there was some dispute regarding the correctness of the genealogy, at the time of trial as well as in the first appellate Court, the said genealogy has been accepted to be correct. So far as relevant for the purpose of the present appeal, suffice it to say that Nanda Naik had four sons, namely Pankaj, Sadei, Binod and Madan. The contesting defendants 1 to 3 as well a










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