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1998 Supreme(Ori) 61

R.K.DASH
GOPABANDHU DAS – Appellant
Versus
MAHESWAR MUNDIAN – Respondent


Advocates Appeared:
A.DEO, B.D.Tikayat, B.S.TRIPATHY, D.K.MOHAPATRA, D.K.SAHU, F.PANDA, G.NAIK, K.N.JENA

R. K. DASH, J.


( 1 ) THE unsuccessful plaintiffs are in appeal against the confirming judgment of the learned Subordinate Judge, Karanjia (presently designated as Civil Judge, Senior Division) in Title Appeal No. 2 of 1982.

( 2 ) ONE Nityananda Das had initially filed the suit for declaration of right, title and interest and for recovery of possession of the lands described in schedule-A of the plaint. During pendency of the suit, the plaintiff died and upon his death his sons were substituted as plaintiffs. For the sake of convenience Nityanands Das would be referred to as the plaintiff in the present appeal.

( 3 ) PLAINTIFF's case, in brief, is that Indramani Mundian and Rangu Mundian were real brothers. The lands described in lot nos. 1 and 2 of schedule-4 of the plaint originally belonged to Karuna Jena of Khuntiposi who transferred the same to Govinda Mundian, father of Indramani and Ranga, on 19-8-1962. Both Indramani and Rangu sold away lot no. 1 to the plaintiff for a consideration of Rs. 1,000/- by a registered sale deed dated 11-2-1971. Subsequently Rangu alone sold lot no. 2 to the plaintiff for a consideration of Rs. 140/- by a registered sale deed dated 20-12-1971. H









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