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2002 Supreme(Ori) 466

L.MOHAPATRA
PADMABATI DEI – Appellant
Versus
SANJULATA BEHERA – Respondent


Advocates Appeared:
S.K. Nayak and R.C. Das, for the Appellant; R.C. Mohanty, R. Mohanty, D.K. Mohanty, N. Behuria and P.K. Rath, for the Respondent

JUDGMENT :

L. Mohapatra, J. - Defendant No. 1 is the appellant before this Court against a reversing judgment.

Respondents 1 and 2 filed the suit for cancellation of sale-deed executed by the defendant No. 2 in favour of defendant No. 1 and/for eviction of the defendant No. 1 from the suit land.

2. Case of the plaintiff-respondents 1 and 2 is that both the plaintiffs are brother and sister and are also minors represented by their mother-guardian Sarojini Behera. Defendant No. 2 is their father. It is the case of the plaintiff-respondents that the suit land extending to an area of Ac. 0.142-1/2 decimals to the south of plot No. 173 in Khata No. 91, Ac. 0.021 decimals 4 Kadis to the west, Ac. 0.009 decimals 7 kadis at Markandeswar Sahi in the district of Puri had been purchased in the name of the plaintiffs with the money given by their maternal grand-father as their father-defendant No. 2 got addicted to drugs and did not look after them as well as their mother. The said lands even though were purchased in the name of minor plaintiffs with the money given by their maternal grand-father, defendant No. 2 sold the lands to defendant No. 1 for a consideration of Rs. 8,000/- without any leg

















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