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1975 Supreme(Ori) 64

K.B.PANDA, G.K.MISRA
DAYALU NARAYAN SWAMY – Appellant
Versus
KANIKA RAMASWAMY DORA – Respondent


Advocates Appeared:
B.K.PAL, S.N.SINHA, S.S.MOHANTY

G. K. MISRA, C. J.

( 1 ) THE disputed land belonged to one Ram Chandra Dora. His son Balaram Dora executed a registered usufructuary mortgage bond (Ext. A) in favour of the father of defendants 1 to 3 and 5 and grandfather of defendant No. 4 on 4-11916. The widow of Balaram Dora executed an unregistered agreement for sale (Exit. 2) on 21-1-1965 in favour of the plaintiff and thereafter she executed the registered deed of sale (Ext. 1) on 14-5-1965 for Rs. 500/ -. On the basis of the title under the registered sale deed the plaintiff filed the suit for permanent injunction. The contesting defendants assailed the suit alleging that the vendor was not the wife of Balaram Dora and that the defendants purchased the disputed property by an oral sale about 8 months after the mortgage. All the courts have concurrently rejected the defence story and have held that the narayan Swamy vs. Kanika Ramaswamy Dora and Ors. (11. 07. 1975 - ORIHC) Page 2 of 3 vendor is the wife of Balaram Dora and transmitted a valid title in favour of the plaintiff by the registered sale deed, They also discarded the story of oral sale. The trial and the lower appellate courts decreed the plaintiffs suit for perma









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