Judgement

MOHAPATRA, J. :-

This is a defendants appeal against the judgment dated 22nd September, 1953 of Sri S. K. Mohapatra, Subordinate Judge of Sambalpur, setting aside the decree passed by the Munsif of Sundargarh arising out of a reversionary suit brought by the plaintiffs for a declaration that the Kabala executed on 26th August 1950, (Ext. A) by defendant No. 1 (Sansir Patelin) in favour of defendant No. 2 (Lochan Patel) is not binding against the reversioners of the last male owner Parmananda Patel. Paramananda had no son but only four daughters, Satyabati, Nilabati, Hirabati and Sansir. It is the common ground that Nilabati and Hirabati are well provided for and rich in their husbands places. Paramananda having died in the year 1940, plaintiff No. 1 and defendant No. 1 inherited the property of Paramananda as the only heirs as the other two daughters are rich and plaintiff No. 1 and defendant No. 1 are unprovided for. Plaintiff No 2 is the son of plaintiff No. 1.

2. The plaintiffs brought the suit on 12th October, 1950 for a declaration that the sale-deed (Ex. A) is not binding against the reversioners as it was not for legal necessity. The consideration was for Rs. 4,000/-