Orissa Court February 1948 Judgments

Ghanashyam Rath Vs. Udayanath Naik

Court: Orissa

Reported in: AIR1949Ori14

Reuben, J.1. This appeal is directed against a decision of the Subordinate Judge of Cuttack, dated 26th July 1944, reversing a decision of the Munsif of Kendrapara, dated 13th July 1943. It raises a question which has friend the subject of several decisions of this Court in its Cuttack Circuit: vide Rasihananda Mallik v. Gangadhar Panaa 1 cut. L.T. 19 and Maheswar Mahanty v. Dayanidhi Mahanty 1 cut L.T 12. Narayan Sahu 1 Cut. L.T. 19 and Badhamohan Thakur v. Bipin Behari A.I.R 1938 Pat 505.2. The appellant is the plaintiff. The suit was filed as a suit for the declaration of his title to and for the recovery of possession of the property in suit, but it is really an action for the redemption of a mortgage affecting that property. The property in suit belonged to one Bhagwan Patra, who, on 9th July 1941, executed a sale deed (EX. A) for RS. 630 purporting to transfer it to Udayanath Naik (defendant). The consideration was made up as follows Left with Udayanath Naik to be paidto the pres...