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1986 Supreme(Ori) 57

B.K.BEHERA, P.C.MISRA
MUSI DEI – Appellant
Versus
LABANYA BEWA – Respondent


Advocates Appeared:
B.H.MOHANTY, B.K.PATNAIK, P.K.SAHU, R.C.Ram, S.D.Das, S.K.MOHANTY

BEHERA, J.

( 1 ) CHALLENGE in this appeal is to the findings recorded by the trial court holding that the two deeds including Ext. A executed in favour of the appellant who had figured in the court below as the defendant 1, the other defendant being Akhi Dei who did not put in her written statement in the trial court and had not examined herself either, purported to be deeds of gift in respect of the entire properties of the plaintiff Labanya Bewa, the respondent 1 herein, including the homestead land, had been executed fraudulently and by misrepresentation giving the impression to the executant that she was to execute a power-of-attorney in favour of her two sons, the husbands of the donees-defendants, to look after the properties owing to the old age and illness of Labanya who had instituted the suit for a declaration that the defendants had not acquired any right or title over the properties covered by the two deeds registered on March 20, 1968, as the deeds were illegal, fraudulent, invalid and inoperative in law and not binding on Labanya. The case of the defendant 1 Musi Dei was that knowing fully well the contents of the two documents and with full knowledge, Labanya had gi



















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