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2004 Supreme(Ori) 589

B.P.DAS
SRI PRAFULLA KUMAR KAR – Appellant
Versus
SRI GOPINATH SINGH SAMANTA – Respondent


Advocates Appeared:
B. Mishra, for the Appellant; N.K. Sahoo and D.R. Swain, for the Respondent

JUDGMENT :

B.P. Das, J. - This appeal has been directed against the judgment and decree dated 28.9.1996 and 12.10.1996 respectively passed by the District Judge, Balasore in S.J. Appeal No. 68 of 1994 confirming the judgment and decree dated 7.10.1994 and 5.11.1994 respectively of the Civil Judge (S.D.), Balasore in Title Suit No. 194 of 1990.

2. The appellants before this Court were the plaintiffs in the Court below. They filed Title Suite No. 194 of 1990 before the Civil Judge (S.D.), Balasore for a declaration of title for permanent injunction and for a declaration that the three sale deeds bearing Nos. 1277, 1278 and 1279 dated 21,3.1990 were void, inoperative and were not binding on the plaintiffs, and the sale deeds executed by Defendant No. 1 - Raghunath Pati were void as the vendor had no right to sell the suit property in favour of anybody.

3. The brief case of the plaintiff-appellants was that, they were representing the Balasore Saraswata Sangha (in short 'BSS') whereas defendant-respondents 2 and 3 were representing the Balasore Town Sangha (in short 'BTS') and both the organisations were the recognised branches of their Central Organisation known as "Nilachala Saraswata S




























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