SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1955 Supreme(Ori) 55

PANIGRAHI, P.V.B.RAO
Harekrishna Das – Appellant
Versus
Jujesthi Panda – Respondent


Advocates:
G.K. Misra and P.K. Dhal, for Appellants; S.K. De, for Respondents.

Judgement

RAO, J. :- This second appeal is filed by the plaintiffs against the confirming judgment of the District Judge of Cuttack dismissing the suit.

2. The plaintiffs case is that the disputed properties originally belonged to one Padmalay Panda who died leaving the mother of plaintiff 1 and plaintiff 2 as daughter and one Sadhu husband of defendant 4 as the only son; that Sadhu died in 1940 leaving a son Gopi and his widow defendant 4 but a year later, that is, in 1941 Gopi also died; that defendant 4 executed two sale deeds in favour of defendants 1 to 3 without any legal necessity or consideration; and that the suit is therefore filed for a declaration that the sale deeds are invalid and not binding on them.

3. The contention of defendants 1 to 3 is that mother of plaintiff 1 was not a daughter of Padmalay but was a daughter of a sister of Padmalav; that Padmalav had two brothers Kritibas and Lakshmidhar; that defendant 1 is the son of Kritibas and defendants 2 and 3 are the son and grandson respectively of Lakshmidhar; that as Gopi was the last male-holder, the plaintiffs are strangers and not entitled to sue; that they (defendants 1 to 3) are the reversioners entitled to succ








































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top