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1965 Supreme(Ori) 170

MISRA
SRIMATI SNEHALATA DAS – Appellant
Versus
PRAFULLA KUMAR PATNAIK – Respondent


Advocates Appeared:
R.N. Sinha and H. Kanungo, for the Appellant; Y.S.N. Murty, for the Respondent

JUDGMENT :

Misra, J. - The disputed land is 1 gunth, 1 biswa and 8 gandas in area. It is a portion of plot 505 measuring 1 man and odd which belonged to one Jatindra Mohan Dhar who died in 1952 leaving behind five Bons, Niroj, Jnanoj, Pankoj, Saroj and Manoj. Manoj died leaving behind his widow Jayanti and three senior sons. By various sale deeds the heirs of Jatindra transferred all the lands in plot 505 excepting 15 gunths, 15 biswas and 4 gandas which was in their possession. On 16.3.1954 Niroj, Jnanoj, Pankoj and Jayanti on behalf of herself and her minor sons executed a registered power of attorney (ext. 3) in favour of Saroj for disposal of the lands inherited by them. On the basis of this authority, Saroj executed a registered sale-deed (ext. C) on 18-10-1955 in favour of Defendant No. 1 in respect of 3 gunths, 15 biswas and 16 gandas out of plot 505. On 28-3-1960 Saroj executed a registered deed of gift (ext. 4) on behalf of himself and the other heirs in favour of the Plaintiff in respect of 11 gunths, 15 biswas and 8 gandas out of plot 505. Defendant No. 1 is the wife of Defendant No. 2.

Plaintiff?s case is that the Defendants while constructing their house encroached upon


















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