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1985 Supreme(Ori) 174

B.K.BEHERA, P.C.MISRA
PADMA – Appellant
Versus
KRUPASINDHU – Respondent


Advocates Appeared:
A.K.Padhi, S.Rath

BEHERA, J.

( 1 ) THE unsuccessful plaintiff is in appeal against the judgment and decree passed by the learned Subordinate Judge, Dhenkanal, dismissing her suit for a declaration that the defendants-respondents, one of them being her husband's brother and the other two being the sons of her husband's brother, had not acquired any title over the suit land by virtue of Ext. 1, the sale deed executed by her deceased husband in the year 1968, which, according to the appellant, had been fraught with fraud and misrepresentation. The respondents, it was alleged by her, had got this deed executed by playing fraud and by misrepresenting that some modifications were necessary to the earlier deed of sale (Ex. H) executed by her husband in their favour in 1950. The appellant had also prayed for permanent injunction, for confirmation of her possession in respect of the land in suit and in the alternative, for restoration of possession to her in case it was found that she had been dispossessed. The respondents had disputed the allegations of fraud and misrepresentation and had asserted that Ex. 1 had duly been executed by the executant after knowing the contents thereof and on receipt of the co















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