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HIGH COURT OF ORISSA, CUTTACK
D.DASH
Dukhana Behera, (Dead) – Appellant
Versus
Prabala Khatua – Respondent
| Table of Content |
|---|
| 1. introduction of the case and procedural background. (Para 1 , 2) |
| 2. plaintiff's claim and alleged transactions. (Para 3) |
| 3. defendant's counterclaims regarding the deed. (Para 4) |
| 4. trial court's issues and findings. (Para 5) |
| 5. substantial questions of law for determination. (Para 6) |
| 6. concerns on document nature and intentions. (Para 7) |
| 7. analysis on possession and adjustments in claims. (Para 8 , 19) |
| 8. court's assessment of evidence and legal standards. (Para 9 , 10 , 11 , 12 , 13 , 16) |
| 9. understanding the nature and execution of the deed. (Para 14 , 15) |
| 10. final determinations on rights and title claims. (Para 17 , 20) |
| 11. critical examination of the testimonies and records. (Para 18) |
| 12. conclusion on the disposed appeals. (Para 21) |
JUDGMENT :
D. Dash, J.
The appellant in these appeals under section 100 of the Code of Civil Procedure (for short, 'the Code') has assailed the common judgment dated 08.11.1996 passed by the learned District Judge, Balasore-Bhadrak followed by decrees in S.J. Appeal Nos.80 and 81 of 1993.
The respondent, as the plaintiff, had filed Title Suit No.318 of 1988 in the court of learned Munsif, Balasore (as it was then) and Title Suit No.137 of
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