Orissa Court October 1952 Judgments
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Kani Bewa and anr. Vs. Krushna Behara and ors.
Court: Orissa
Decided on: Oct-10-1952
Reported in: AIR1953Ori39
Mohapatra, J. 1. This is an appeal against the judgment dated 7-1-50 of Sri J. Mohanty, District Judge of Ganjam-Nayagarh, remanding the case for disposal on the merits by the trial Court, after having allowed the petition for amendment of the plaint filed on behalf of the plaintiff Krushna Behera. Krushna Behera brought a suit for declaration that he is the next reversioner to deceased Gangadhar, for setting aside the sales effected by Gangadhar's widow Kani Bewa (defendant No. 1) in favour of defendants 3 to 7 and for a declaration that the alleged adoption of defendant No. 2 to defendant No. 1 is not valid and binding on the plaintiff.Plaintiff Krushna Behera's allegations in the plaint are that he is the uterine brother of Gangadhar Behera, the deceased husband of defendant 1; that they became separate by virtue of a registered partition deed dated 9-5-23; that after the death of Gangadhar, his widow (defendant 1) being in possession of the properties of Gangadhar, while enjoying w...
Hari Padhan Vs. Mitrabhanu Babu Gountia
Court: Orissa
Decided on: Oct-08-1952
Reported in: AIR1953Ori328; 19(1953)CLT180
Mohapatra, J. 1. It is the unsuccessful defendant in both the Courts below who has come up with this Second Appeal which arises out of a suit brought by the plaintiff for declaration of his title and for recovery of possession. The disputed land appertains to plot Nos. 431 and 437. Out of total area of 2.08 acres of plot No. 431, 1 acre only is in dispute in the appeal. Out of total area of 1.05 acres of plot No. 437, only .25 acre is in dispute, in the appeal. 2. The plaintiff's case is that he is sixteen annas Lambardar of the village in which the land is situate. The original tenant Jagannath Seth made a transfer in favour of the present defendant in respect of one acre out of plot No. 431 and .25 of plot No. 437. The plaintiff-landlord had taken steps under the provisions of the C. P. Tenancy Act for declaration that the transaction of sale in favour of the present defendant was not binding against the landlord and for obtaining possession under Section 47 of the said Act. That ten...
Bhaskar Sarap and ors. Vs. Dinabandhu Panda
Court: Orissa
Decided on: Oct-07-1952
Reported in: AIR1954Ori51; 19(1953)CLT213
Mohapatra, J.1. This is the defendants' second appeal against the reversing judgment of Sri P.C. De, Subordinate Judge of Sambalpur. The plaintiff's case was one for declaration of title and for recovery of possession of the suit lands appertaining to H. S. plot Nos. 750 and 774. The plaintiff claimed an area of 1.52 acres out of plot No. 750, the total area of which is 3.40 acres and the entire plot of 774. He based his claim upon an unregistered lease-deed which purported to have been granted by the landlord in his favour on 15-4-1939 and further on a registered lease-deed (Ex, 3) granted by the same landlord on 5-11-43.2. The defence was that, in fact, the disputed lands were leased out to the predecessors-in-interest of the defendants by virtue of four leases of the years 1912, 1915, 1916 and 1921, and that since then they have been in possession of them. They had also taken up the plea of limitation.3. The trial Court dismissed the suit finding that the plaintiff was not able to p...
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