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A. C. BEHERA
Gandharba Pradhan – Appellant
Versus
Bishnu Charan Pradhan – Respondent
JUDGMENT
A.C. Behera, J.
This 2nd appeal has been preferred against the confirming judgment.
2. The appellants and respondents of this 2nd appeal were the plaintiffs and the defendants in the suit vide T.S. No.192 of 2002 and they were the appellants and respondents respectively in the 1st appeal vide T.A. No.73 of 2007.
The suit of the plaintiffs(appellants) vide T.S. No.192 of 2002 was a suit for permanent injunction against the defendants (respondents) under Section 44 of the T.P. Act, 1882.
As per the averments made by the plaintiffs in the plaint, the genealogy of their family is as follows:-
3. According to the aforesaid genealogy provided by the plaintiffs, Burundhu Pradhan was their common ancestor. Burundhu Pradhan died leaving behind his two sons, i.e., Kanduri and Mani. Kanduri died leaving behind his only son Saunti(defendant no.3). The 2nd son of Burundhu, i.e., Mani died leaving behind his two sons, i.e., Purusottam and Sridhar. Purusottam died leaving behind his only son Gandharba (plaintiff no.1). Sridhar died leaving behind his widow wife Tara (plaintiff no.2) and one daughter, namely, Sulochana(plaintiff no.3).
4. As per the averments made by the plaintiffs in their pl
For a property to be considered an undivided dwelling house under Section 44 of the T.P. Act, 1882, it must be physically connected and necessary for the enjoyment of the dwelling, which was not esta....
A co-sharer cannot invoke the right to repurchase under Section 4 of the Partition Act without the stranger purchaser instituting a partition suit.
The court established that Section 44 of the Transfer of Property Act does not confer rights over a property that is not a dwelling house, particularly when the plaintiffs failed to prove their claim....
The conditions for claiming benefits under Section 4 of the Partition Act require a dwelling house to be in existence at the time of transfer, which the appellant failed to establish.
The court established that a new title created by the settlement of properties under the O.E.A. Act, 1951 operates to the exclusion of all prior claims, and a stranger purchaser from lawful owners ca....
The plaintiff was recognized as the adopted son of Parau Majhi, but the suit for exclusive ownership was dismissed due to established co-ownership.
Widow's remarriage does not strip her of inheritance rights, and married daughters have equal entitlement to family property under the amended Hindu Succession Act.
A permanent injunction can be granted without a prior declaration of title, but a mandatory injunction requires precise evidence of encroachments.
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