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1977 Supreme(Ori) 42

S.K.RAY
SANATAN MOHAPATRA – Appellant
Versus
HAKIM MOHAMMAD KAZIM MOHMMAD – Respondent


Advocates Appeared:
G.RATH, R.Ch.Mohanty, S.C.ROY

S. K. RAY, J.

( 1 ) THE principal opposite parties 1 to 7 instituted O. S. No. 3 of 1967-1 in the court of Munsif. Bhadrak against the petitioners and pro forma opposite parties 8 to 14 for the relief of, inter alia, permanent injunction restraining the defendants, in their representative capacity, from interfering with their customary right of performing religious ceremonies on the suit land, on the ground that they have not only acquired this customary right of using the suit land for religious purposes but have also acquired title to the same by purchase from Shri Udayanath Das by two registered sale deeds contemporaneously executed on 2-6-1958 (Exts. 31 and 32 ). Defendants while denying plaintiffs' alleged customary right, also denied their title to the suit land alleging that the aforesaid sale deeds under which the plaintiffs claim title are collusive and void documents and are not supported by any consideration (paragraph 10 of the written statement ). They, however, claimed communal rights over suit land without claiming title to it either by purchase or inheritance or otherwise.

( 2 ) THE trial Court decreed the suit holding that the plaintiffs had acquired title on the















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