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1986 Supreme(Ori) 60

K.P.MOHAPATRA
DEBENDRA – Appellant
Versus
UMAKANTA – Respondent


Advocates Appeared:
D.K.SAHU, M.K.DEY, P.KAR, S.K.DEY

K. P. MOHAPATRA, J.


( 1 ) THE point for consideration in this civil revision is whether lands purchased by co-sharers from other co-sharers should he allotted to their share while passing the final decree in a suit for partition.

( 2 ) IN order to appreciate the facts, it is necessary to produce the admitted genealogy. The plaintiffs obtained a preliminary decree for partition in which the shares of different branches were defined. They filed a petition to make the decree final and stated therein that defendant No. 4, representing a branch having died, her grand-daughter Smt. Chudamani Jena (defendant No. 3 of the final decree petition) sold 1. 13 2/3 acres of land out of khata Nos. 94 and 102 of mouzakumbhari in favour of plaintiffs 1 to 3 and defendant No. 2 by virtue of a sale deed dt. 14-11-1979 and so the aforesaid extent of land should be allotted to their share while passing the final decree.

( 3 ) DEFENDANTS 5 to 10 in their counter stated that Brahma, father-in-law of defendant No. 4 had sold his share of the ancestral land in favour of Rama, father of defendants 5, 6 and 7 and husband of defendant No. 8 and defendants 9 and 10 by virtue of a sale deed dt. 20-6-1932 and





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