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1987 Supreme(Ori) 163

D.P.MOHAPATRA
CHANIRAM SAHU – Appellant
Versus
SAMARU NAG – Respondent


Advocates Appeared:
C.R.NANDA, L.MOHAPATRA

D. P. MOHAPATRA, J.


( 1 ) THIS is a plaintiff's second appeal against the decision of the lower appellate court dismissing the suit on reversing that of the trial court.

( 2 ) THE appellant filed Title Suit No. 8 of 1974 in the court of the Munsif, Patnagarh against the respondents for declaration of title over the suit land, for recovery of possession of the same from the defendants in the alternative for recovery of the sum of Rs. 500/-, the consideration money under the sale deed in question. The respondents 1 to 8 were impleaded as defendants in the suit. The plaintiff's case in brief was that the suit land belonged to defendants 2, 3 and 4 who got it by gift from their mother, defendant 5. Defendant 1 father of defendants 2 to 4 as the guardian of his minor sons sold the suit property to the plaintiff by registered sale deed dt. /- 27-12-66 (Ext. 1 ). According to the plaintiff, after defendants 2 and 3 attained majority, defendants 6 to 8 in collusion with defendant 1 got a sale deed executed on 16-3-71 (Ext. A) by defendants 2 and 3 and defendant 5 as the mother guardian of defendant 4, in their favour. Armed with the said sale deed defendants 6 to 8 created disturbance in








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