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1974 Supreme(Ori) 117

B.K.PATRA
PRAVAKAR DAS – Appellant
Versus
SUBAL PADHAN – Respondent


Advocates Appeared:
R.N. Sinha, for the Appellant; B.H. Mohanty, for the Respondent

JUDGMENT :

B.K. Patra, J. - This is an appeal by the Plaintiffs against a reversing judgment of the Subordinate Judge, Cut tack in a suit for declaration of title, confirmation of possession, and, in the alternative, for recovery of possession. Nidhi and Kina were two brothers being sons of one Panu Das. Kina's sons were Hari and Gouranga, As Nidhi had no son, he had adopted Hari, Plaintiff No. 1 Pravakar is Hari's son. Gouranga died in the years 1929 leaving behind his widow Kanchan, but, no issues. Kina died in the year 1940. During the life time of Nidhi and Kina they had, separated from each other. The property in dispute in this litigation was admittedly self acquired property of Kina.

2. On 25-11-1954, Kanchan executed the Kabala Ext. A, in respect of the disputed property in favour of Respondent Subal Padhan. It was recited in the sale deed that the sale was,necessary to procure, funds to discharge certain debts which Kina had incurred and also for her own maintenance. Shortly before the execution of Ext. A and at a time when Kanchan was still alive, Appellant No. 1 Pravakar alleging that he has become,entitled to the disputed property executed two sale deeds in respect of por









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