Judgement

NARASIMHAM, J. :- This is an appeal from the appellate judgment of the Subordinate Judge of Berhampur setting aside the judgment and decree of the District Munsif of Berhampur and dismissing the appellant-plaintiffs suit with costs.

2. The dispute relates to 1.48 acres of land in village Kumarad within the estate of Badakhimedi. The admitted previous owner of the property was one Sarathi Padhano, the father of plaintiff-appellant Maguni. Sarathi died sometime in 1917 leaving a widow named Lakshmi, a son (the plaintiff) and two daughters. The finding of the lower appellate Court was that for a period of twenty or twenty-five years the plaintiff remained in Rangoon eking out his livelihood leaving his mother in charge of his property in the village. During his absence his mother practically acted as the manager of the family, maintained her two daughters and also celebrated their marriage. For that purpose her only source of income was 2.3 acres of land left by her husband Sarathi.

Sometime in July, 1935 she took a loan of Rs. 60/8/0 from the father of the defendants by executing a promissory note (Ext. B). On 1-7-1939 she executed a sale deed (Ext. C) in favour of the defenda