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1982 Supreme(Ori) 21

P.K.MOHANTY, J.K.MOHANTY
KRUSHNA CHANDRA SAHU – Appellant
Versus
PRADIPTA DAS – Respondent


Advocates Appeared:
A.K.Mishra, ASHOK MUKHERJI, B.L.N.SWAMY, MIRA GHOSH, N.R.AGRAWAL, S.C.Das

P. K. MOHANTI, J.

( 1 ) THIS appeal, by defendants 1 and 2, arises out of a suit for declaration of title to and recovery of possession of the suit lands and also for mesne profits.

( 2 ) THE plaintiffs case runs thus: The suit lands originally belonged to one R. K. Chakrabarty, who transferred the same in favour of Gitarani Kundu, widow of late Debendranath Kundu by a registered sale deed dated 24-8-48 (Ext. 2 ). The plaintiff purchased the same from Gitarani Kundu and her daughter Pusparani Kundu by a sale deed dated 12-2-80 (Ext. 1) for a sum of Rs. 25,000. Defendant No. 1 Krushna Chandra Sahu was engaged as a servant by Debendranath Kundu, the deceased husband of Gitarani, in the year 1960. Debendranath Kundu became addicted to drinking and began to ill-treat Gitarani for which she left for Calcutta in the year 1964 and lived there with her daughter. During her absence, Debendranath became mentally unbalanced and fully dependant upon the help of defendant No. 1. Taking advantage of his ill-health and mental condition defendant No. 1 fraudulently obtained on 23-1-75 a document purporting to be a deed acknowledging adoption of defendant No. 2 as a son. It was alleged that defen












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