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1995 Supreme(Ori) 249

R.K.DASH
RABINARAYAN KHUNTIA – Appellant
Versus
FAKIR DALEI – Respondent


Advocates Appeared:
B.P. Tripathy, for the Appellant; R.S. Parida, S.N. Sahu and S. Pradhan, for the Respondent

JUDGMENT :

R.K. Dash, J. - This appeal by the plaintiff is against the reversing judgment of the learned District Judge, Puri, passed in Title Appeal No. 74 of 1976.

2. Plaintiff's suit was for a declaration of title, recovery of possession and for injunction in respect of the suit land to an extent of Ac. 1. 82-1/2 dec., more specifically described in Schedule 'B' of the plaint. Plaintiff's case, in brief, was that the suit land belonged to one Lokanath Dalai who died issueless. His wife predeceased him. Defendants 3 to 5 as brother's and sister's sons of Lokanath succeeded to all his properties including the suit land and while being in possession, transferred the suit land to the plaintiff under the sale deed, Ext. 1. Defendant No. 1 advanced a false claim over the suit land alleging that he is the adopted son of Lokanath. It is asserted by the plaintiff that both Lokanath and his wife were illiterate and taking advantage of their illiteracy defendant No. 1 got some deeds of conveyance executed and registered from them describing himself as their son and subsequently transferred certain properties belonging to Lokanath to defendant No. 2 by a registered sale deed, Ext. H. A disput









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