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1967 Supreme(Ori) 111

DAS
ELAMANCHIND VENKAMMA – Appellant
Versus
PERLA ACHIAMMA – Respondent


Advocates Appeared:
H.G. Panda, for the Appellant; N. Kr. Das, for the Respondent

JUDGMENT :

Das, J. - The Defendants are the Appellants. The admitted facts are that D. Gurub Patra died leaving his son, Budhia and three daughters, Sombari (deceased) Achiamma (Plaintiff No. 1) and Venkamma (Defendant No. 1) and his widow, Gangamma. Budhia predeceased his mother Gangamma without leaving any issue. The widow of Budhia remarried for the second time 'soon after the death Budhia. Plaintiff No. 2 is the son of Sombari who also predeceased her mother Gangamma.

2. On 30-8-1954 Gangamma executed a registered deed of gift (ext. A) in favour of her daughter Venkamma (Defendant No. 1) and Mangulu Patra (Defendant No. 2), the husband of Defendant No. 1. On 18-9-1954 she cancelled the deed of gift, ext. A by a deed of cancellation (ext. 2). Thereafter on 30-10-1954 she conveyed portions of the suit property by three separate deeds of gift, exts., 3, 5 and 4, to Defendant No. 1, Plaintiff No. 1 and Plaintiff No. 2 respectively. Later on she filed Title Suit (No. 58 of 1955) (plaint marked ext. 6), against Defendants 1 and 2 for cancellation of the deed of gift, ext., A. She withdrew that suit and thereafter filed a suit in forms pauperis (M.J.C. 44 of 1957) against her daughters














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